George  Washington  Flowers 
Memorial  Collection 

DUKE  UNIVERSITY  LIBRARY 

ESTABLISHED  BY  THE 
FAMILY  OF 

COLONEL  FLOWERS 


Digitized  by  the  Internet  Archive 
in  2016  with  funding  from 
Duke  University  Libraries 


https://archive.org/details/kentuckyjurispruOOwebs 


KENTUCKY  JURISPRUDENCE. 


• At  JLe.xingtoa,  Keiatsacliy,  Dec’r  17-21,  1§44, 

BEFORE  THE  HO  If.  RICHARD  BUCKNER. 

On  A CHAHGE  OF  AIDING  SLAVES  TO  ESCAPE  FEOM 
that  Commonwealth — with  Miscellaneous  Rejiakes, 
SECLUDING  HE2  VIEWS  ON  AmEEICAN  SLAVERY. 

oX  ■ - 

WRITTEN  BY  HERSELF. 

<l  He  that  filches  fscm  me  my  good  name, 

Robs  me  of  that  which  not  enkicheth  him, 

And  makes  mb  pooe  indeed.” — Shakspeare's  Othetia. 


* 


\ 

T.NNTRR  :\  5 


VERGENNES 

J3,  W.  BLAISDELL,  PBINTBS. 


3 8 4 5. 


District  oj  Vermont , 10  wit : 

BE  IT  REMEMBERED  That  on  the  23d  day  of  April.  Anno  Domini,  1845, 
Benajah  Webster,  of  the  said  District,  hath  deposited  in  this  Office  the  Title  of 
a Pamphlet,  the  Title  of  which  is  in  the  following  words,  to  wit: 

“Kentucky  Jurisprudence.  A history  of  the  Trial  of  Delia  Ann  Webster,  at 
Lexington,  Kentucky,  Dec’r  17 — 21,1844,  before  the  Hon  Richard  Buckner, 
on  a charge  of  aiding  S laves  to  escape  from  that  Commonwealth, — with  Mis. 
cellaneous  remarks,  including  her  views  of  American  Slavery.  Written  by 
herself. 

“He  that  filches  from  me  my  good  name, 

Robs  me  of  that  which  not  enrichelh  him, 

And  makes  me  poor  indeed.’” 

The  right  whereof  he  claims  as  proprietor  in  conformity  wtth  an  act  of  Son- 
geess,  entitled  “An  Act  to  amend  the  several  Acts  respecting  Copy-Rights. 

EDWARD  H PRENTISS,  Cleric  of  the  District. 


m FLOWERS  COLLECTS. 


HISTORY 


oy  THK 

TRIAL  OF  MISS  DELIA  A,  WEBSTER,  &c. 


Thi;  (ime  is  now  corns,  when  every  breeze  seems  to 
whisper  in  monitory  tones,  that  it.  belongs  to  me  to  remove 
a weight  from  the  public  mind,  imposed  on  them,  by  a 
certain  class  of  persons,  whose  motives  I have  no  wish  to 
impugn,  and  to  whose  low  innuendoes  and  foul  detractions 
I shall  not  condescend  to  reply.  It  is  no  part  of  my  object 
in  this  publication  to  expose  the  incongruities  of  the  calum* 
niator,  or  hold  him  up  to  public  detestation. 

To  lay  the  truth  before  the  world,  and  unprejudice  the 
minds  now  biassed  by  falsehood,  is  the  duty  of  those  who 
possess  the  facts.  The  many  difficulties  to  be  encountered, 
makes  this  task  appear  more  than  Herculean  ; and  I should 
shrink  from  it  in  despair,  were  it  not  that  prejudice  and 
interest  cannot  always  be  relied  on  to  garrison  the  mind 
against  the  assaults  of  truth.  This  fact,  together  with 
duty  to  myself,  to  my  country  and  my  God,  animates  me 
to  take  the  pen,  and  laying  aside  my  natural  diffidence, 
attempt  what  I hoped  to  have  seen  done  by  a much  abler 
hand. 

While  thus  practically  expressing  the  opinion  that  my 
predecessors  on  this  theme  have  not  exhausted  the  subject, 
it  shall  be  my  humble  endeavor  to  arrange  the  facts  beyond 
contradiction  abroad,  or  the  power  of  detraction  at  home. 


4 


TRIAJ.  OP  MISS  WEBSTEIt. 


Errors  may  be  expected;  but  however  deficient  in  style, 
or  imperfect  in  execution,  it  is  sincerely  to  be  hoped  it  will 
secure  from  a generous  public  an  indulgent  recep  ion. 

It  has  been  often  asked  how  Miss  Webster  came  to  engage 
in  teaching,  and  why  found  in  a land  of  slavery,  so  far  from 
friends  and  home,  if  not  actually  an  agent  of  the  abolition 
societies  and  deputised  to  trespass  on  the  rights  of  the 
slaveholder — rob  him  of  his  lawful  prouerty,  and  promota 
mutiny  among  the  black  population?  In  answer  to  this 
inquiry,  it  may  not  be  amiss  to  introduce  a brief  abstract 
from  my  history. 

When  twelve  years  of  age,  I was  employed  by  mv  teach- 
er in  taking  charge  of  some  classes  of  small  children  in 
the  same  school,  where  for  some  time  l had  been  myself  a 
pupil,  and  still  continued  my  recitations.  Naturally  fond 
of  children,  I became  much  attached  to  my  little  pupils, 
and  soon  acquired  a love  for  teaching,  which  continues 
unabated  iu  its  ardor  to  the  present  day. 

A desire  for  usefulness  was  even  then  paramount  in  my 
mind,  and  to  that  end  I directed  my  studies;  anxious,  if 
possible,  to  acquire  a thorough  and  liberal  education.  But 
in  the  spring  of  1835,  my  means  for  prosecuting  my  stu- 
dies being  limited,  I engaged  in  teaching  in  a neighboring 
town.  Just  beginning  to  tread  the  path  of  literature,  it 
was  with  a heavy  heart  I tore  myself  from  my  young  as- 
sociates and  bade  adieu  to  the  Vergennes  Classical  School, 
an  institution,  which  in  many  respects  at  that  time,  was, 
I think,  second  to  none  in  New  England. 

I continued  teaching  and  studying  alternately  till  about 
the  year  1839,  when  my  health  was  evidently  on  the 
decline. 

From  a child,  my  constitution  had  been  delicate  ; and 
it  was  now  deemed  necessary  to  employ  counsel.  Em> 


TRIAL  OP  MISS  WEBSTER. 


5 


Vient  Physicians  were  callecLand  a long  and  tedious  course 
of  medicine  faithfully  persevered  in,  till  tonics  seemed  to 
have  lost  their  efficacy  and  become  powerless  ; and  my 
friends  were  looking  for  me  to  find  an  early  grave,  when  a 
change  of  air  and  scenery  were  recommended  as  a last 
resort.  My  father  accordingly  devoted  some  time  in 
journeying  with  me  ; but  it  not  being  consistent  for  him  to 
be  absent  from  home  long  at  a time,  he  left  me  at  Saratoga 
Springs,  in  the  care  of  a sister.  The  water  agreeing  with 
my  health,  I remained  there  so  long  as  I seemed  to  acquire 
strength  from  its  use;  after  which,  in  the  care  of  a family 
relative,  I visited  Montreal,  and  several  other  places  in 
Canada.  Returning  after  spending  some  time  in  those 
parts,  I visited  several  of  the  states,  sometimes  stopping 
several  months  in  a place,  teaching  or  studying,  as  best 
suited  my  health  and  pecuniary  circumstances. 

Early  in  1843,  I visited  Kentucky,  in  company  with  a 
Mr.  and  Mrs.  Spencer,  teachers  and  friends  of  mine.  We 
taught  several  painting  classes  in  the  vicinity  of  Lexington, 
and  in  July  of  the  same  year  opened  a class  in  that  city. 

But  scarcely  had  we  commenced  teaching,  when  we 
were  solicited  !o  open  a high  school  for  a year,  or  term  of 
years.  This  we  had  no  idea  of  doing.  Indeed  I could  not 
think  of  prolonging  my  stay  from  home  to  such  a period. 
But  being  urged  by  the  pastor  of  the  first  Presbyterian 
Church,  Rev.  N,  H.  Hall,  and  many  other  persons  of 
influence  in  Lexington,  we  engaged  to  do  so,  should  tha 
encouragement  be  sufficient  to  justify  our  stay.  At  this 
juncture  Mr.  S.  was  taken  dangerously  ill  with  intermit, 
tent  fever,  and  I entered  the  School,  the  only  teacher.— 
Before  he  recovered,  Mrs.  S.  was  attacked  with  the  same 
fever,  and  one  or  both  of  them  continued  ill  until  the  ensuing 
Spring,  when  thinking  the  climate  unfavorable  to  their 


6 


TEX  AL  OF  MISS  WEBSTER. 


health,  and  the  school  not  being  large  enough  to  employ 
so  many  teachers,  they  took  their  departure.  I continued 
in  the  Academy  until  my  arrest;  boarding  a considerable 
portion  of  the  time  I remained  in  Lexington,  in  the  family 
of  David  Glass,  Esq.,  a gentleman  of  worth  and  high  re- 
specf  ability,  living  on  2nd  Street,  to  whom  I refer  those  dis- 
posed to  inquire,  for  testimonials  of  my  reputation  and 
standing,  from  my  first  arrival  in  Lexington  up  to  the  time 
of  my  arrest. 

I would  also  refer  to  Rev.  W.  F.  Broaddus,  Thomas 
Boswell,  Thomas  Bradley,  Hon,  Henry  Clay,  Cassius  M. 
Clay,  Gen.  Leslie  Combs,  Samuel  Shy,  Esq.,  Judge  Davis, 
Dr.  Fishback,  Tobias  Gibson,  Rev.  N.  H.  Hall,  A.  Harwood, 
M.  C . Johnson,  Esq.,  W.  B.  Ivinkead,  Esq.,  Gen.  Jno. 
M.  McCalla,  A.  J.  McCalla,  R.  Pindell,  Esq.,  Dr.  Price, 
Tho.  S.  Redd,  M.  T.  Scott,  A.  T.  Skillman,  Rev.  Mr.  Van- 
metre,  J.  B.  Waller,  Esq.  and  Dr.  L.  Warfield ; all  of 
whom  are  well  known  as  persons  of  standing  and  influence 
and  many  of  whom  were  my  patrons. 

About  the  1st  of  September,  1844,  Mr.  Fairbank,  a Meth- 
odist  preacher,  from  the  State  of  New  York,  took  boarding 
at  the  same  house  with  myself,  and  on  one  or  two  occasions 
preached  on  the  Sabbath. 

I cannot  better  give  the  facts  bearing  upon  the  circum- 
stances preceding  my  arrest,  than  by  introducing  an  ex- 
tract from  a letter  addressed  to  a friend  in  Ohio,  bearing 
date, 

“ Lexington  Jail,  Monday  Morning,  1 o’clock,  £ 

October  7,  1844.  $ 

“ Mr.  Fairbank  was  frequently  known  to  take  excursions 
into  the  neighboring  counties  on  business,  as  he  said,  with 
members  of  the  Conference  ; taking  letters  to  and  fro, 
which  I suppose  was  true,— was  sometimes  absent  two  or 


THIAL  OP  3IISS  WEBSTEK. 


7 


three  days  at  a time,  and  often  invited  mo  to  accompany 
him  ; but  being  confined  with  a targe  and  interesting 
School,  I was  under  the  necessity  of  declining  his  invi- 
tations. 

\ 

“ At  length  he  told  me  he  should  be  going  to  the  country 
again  on  Saturday,  and  once  more  invited  me  to  ride,  as 
on  that  day  I would  be  disengaged  from  my  school. 
Again  I excused  myself,  it  being  the  day  on  which  a 
meeting  had  been  appointed  of  the  Lexington  Female 
Missionary  Society,  of  which  I am  the  President.  But  on 
deliberation,  having  been  closely  pent  up  in  the  smoky 
atmosphere  of  a crowded  city  during  the  heat  of  Summer 
without  any  recreation,  I thought  perhaps  an  excursion  in 
the  country  might  be  advantageous;  and  then  toicl  him, 
ifitwasnot  important  for  him  to  leave  until  afternoon, 
I would  adjourn  the  meeting  an  hour  earlier  than  usual, 
and  go,  if  other  ladies  from  the  boarding  house  would  like 
to  accompany  us.  Other  company  was  engaged,  but 
when  the  day  arrived,  they  were  necessarily  detained  ; and 
it  being  somewhat  unpleasant,  I was  myself  hesitating, 
when,  being  encouraged  by  our  landlady  and  other  mem- 
bers of  the  family,  I went.” 

As  corroborative  of  the  foregoing,  and  furnishing  some 
additional  reasons  which  influenced  me  to  the  tour  now 
under  consideration,  I will  here  introduce  a brief  extract 
from  a letter  to  a friend  in  Lexington  : 

“ I solicited  the  company  of  other  ladies,  but  failed  of  se- 
curing it,  as  they  were  so  circumstanced  that  they  could  not 
be  absent  over  the  Sabbath,  and  it  was  absolutely  impracti- 
cable for  me  to  leave  soon  enough  to  admit  of  a return  on 
the  same  clay,  as  the  regular  weekly  meeting  of  our  Mission, 
ary  Society  was  on  Saturday,  and  it  fell  to  my  lot  to  prepare 


trial  op  miss  Webster. 


the  sewing.  Mrs.  G.  (our  hostess)  well  knows  my  own 
indecision,  when  I found  we  were  not  to  have  other  com- 
pany. As  I got  into  the  hack,  I remarked  to  her,  which 
no  doubt  she  also  recollects,  that  I would  enjoy  my  ride 
much  better  if  she  also  were  going  ; to  which  she  respond- 
ed that  she  would  be  very  happy  to  accompany  me,  and 
would  do  so,  if  it  were  consistent  with  her  household  duties. 
She  then  asked  me  if  I thought  I should  get  back  by  nine, 
on  Monday  morning,  to  which  I replied  in  the  affirmative, 
and  requested  her  to  detain  my  pupils.” 

It  is  proper  to  remark  here  that  a ride  to  Versailles,  or 
Georgetown,  had  been  in  contemplation  for  several  days 
previous.  But  some  of  the  company  declining,  Mr.  F. 
manifested  a desire  to  change  the  route,  and  go  through 
Paris,  to  meet  some  friends  of  his,  who  were  expected  to 
be  there  on  that  day.  My  object  being  the  benefit  of  a 
ride  in  the  country  air,  it  of  course  made  no  material  dif- 
ference with  me,  what  particular  road  we  took,  provided  I 
could  return  at  the  time  specified. 

And  even  had  I felt  a choice,  it  is  doubtful  whether  I 
should  have  made  it  known,  as  I never  allow  myself  to  be 
governed  by  motives  so  selfish,  that  I cannot  condescend 
to  what  appears  the  reasonable  wishes  of  another;  nor  to  be 
so  sanguine  in  my  expectations  that  a slight  change  would 
become  a serious  disappointment. 

I was  very  desirous  to  meet  my  engagements  on  Monday 
morning,  but  in  this  I failed.  When  we  reached  Millers- 
burg,  one  of  the  horses  appeared  quite  sick,  and  we  learned 
from  Israel  (the  hackman,)  that  it  was  sick  previous  to 
leaving  Lexington.  We  stopped  at  the  hotel  kept  by  Mr. 
Halloway.  He  brought  a pitcher  of  water  to  the  carriage 
and  examined  the  horse,  and  after  a little  consultation  it 
was  thought  best  to  leave  it  there  and  take  one  of  Mr.  Hol- 
loway's in  its  stead. 


TRIAL  01'  HISS  WEBSTER. 


0 


We  did  so,  and  proceeded.  The  next  day  was  the  Sabbath. 
I was  deceived  in  the  distance,  somewhat  fatigued  and  be- 
ing unwilling  to  spend  the  whole  day  either  in  riding  or 
visiting.  Mr.  F.  left  me  at  a private  house,  where  I remain- 
ed  until  late  in  the  evening,  when  he  returned.  We  then 
rode  a few  miles  homeward  to  the  hotel  of  Mr.  Musick  in 
- Washington,  where  we  remained  until  4 o’clock  in  the  morn- 
ing. As  we  wished  to  start  very  early  we  did  not  retire, 
but  passed  the  time  in  reading  and  conversation  in  company 
with  Mr.  Musick  in  the  public  parlor.  During  our  stay  there 
t the  landlord,  Mr.  Musick,  did  not  leave  the  room  we  were 
in  except  in  two  instances,  when  he  was  not  absent  more 
than  two  or  three  minutes  ; in  the  first  instance  to  order  re- 
freshments, and  in  the  other  instance  to  order  the  horses. 
And  in  neither  case  was  the  door  to  the  room  locked,  and  I 
believe,  not  even  closed. 

We  staid  here  until  4 o’clock  in  the  morning  and  then 
left ; but  had  rode  only  a few  miles  when  we  perceived  a fine 
looking  horse  following  our  carriage.  When  we  reached 
a toll  gate,  the  keeper  supposing  the  horse  belonged  to 
us,  demanded  toll  for  him.  We  informed  him  that  the 
horse  was  not  ours,  and  requested  that  he  would  drive  him 
back  ; which  he  did.  Before  we  reached  another  toll 
gate,  however,  the  horse  had  again  overtaken  us,  and  was 
again  driven  back  by  request.  We  stopped  an  hour  or  two 
at  the  ‘‘Blue  Lick  Springs,”  and  while  there,  the  horse 
came  up,  and  we  related  to  the  landlord  the  circumstance  of 
his  having  followed  us  from  Washington.  He  sent  a servant 
to  drive  him  back,  but  without  success.  And  our  hack- 
man  being  confident  that  he  knew  the  horse,  and  that  it 
belonged  to  a neighbour  living  in  Lexington,  who  had  kept 
him  in  his  master’s  stable  for  some  time,  we  thought  it 
would  be  a kindness  to  the  horse  ag  well  as  to  the  owner  tt» 


10 


TRIAL  OF  511S8  WEBSTER. 


fake  him  home,  and  concluded  to  pay  his  toll.  When  we 
arrived  at  Millersburg,  Mr.  Holloway,  the  tavern-keeper 
told  us,  the  horse  we  left  there  sick  had  died  in  our  ab- 
sence, and  we  might  go  on  to  Lexington  with  his,  and  then 
send  it  back.  We  asked  him  if  he  knew  the  horse  that  was 
following  ns,  to  which  he  repiied  in  the  negative  ; and  the 
hackman  then  expressed  his  conviction  to  Mr.  H.  that  :t 
belonged  in  Lexington,  upon  which  the  landlord  and  sev- 
eral others  recommended  putting  it  in  the  harness,  and 
driving  it  to  Lexington,  as  the  probability  was  (hat  it  did 
belong  there,  and  it  would  save  a trip  back  to  Millersburg. 
Mr.  F-  at  first  objected,  fearing  that  it  was  not  a carriage 
horse,  and  might  not  do  well,  as  it  seemed  to  bo  quite 
young.  It  however  appeared  rather  domesticated  and  he 
consented  to  have  it  put  in  on  trial.  And  it  moved  so 
orderly  that  they  decided  that  it  was  best  to  go  on  with  it 
instead  of  taking  Mr.  Holloway’s;  V,  e did  so.  [This 
is  the  horse  which  the  public  prints  have  so  often  charged 
Mr.  F.  with  having stolen.'] 

When  within  a short  distance  of  Paris,  we  met  Mr.  Craig, 
the  owner  of  the  hack,  &c.  Mr.  F.  asked  him  if  he  recog. 
nized  both  the  horses  and  he  answered  in  the  negative  ; 
Mr.  F.  then  told  him  that  he  had  left  his  sick  horse 
in  Millersburgh  and  on  his  return  he  found  it  dead,  and 
the  one  now  in  the  harness  he  knew  nothing  of  except  that 
it  followed  from  Washington  to  Millersburg,  and  was  then 
put  into  the  carriage  instead  of  Mr.  Holloway’s.  Mr  C. 
said  that  he  heard  his  horse  was  dead,  and  had  just  started 
out  to  go  to  Millersburgh  and  see  if  it  were  true.  But  if 
it  were  a fact,  he  would  go  no  further.  We  stopped  awhile 
in  Paris  and  Mr.  C.  then  said  to  Mr.  F.  that  he  should 
expect  him  to  pay  for  his  horse,  fllr.  F.  said  that  he  did 
not  think  it  would  be  just  to  pay  for  a horse  that  was  sick 


TRIAL  OF  3IISS  WEBSTER. 


11 


before  be  had  it,  and  as  Mr.  C.  had  sent  his  own  hackman 
to  take  charge  of  the  team,  he  did  not  feel  responsible  for  the 
loss.  Mr.  C.  said  he  did  not  know  that  the  horse  was  sick  ; 
aDy  how  he  could  not  afford  to  lose  him.  Mr.  F.  asked 
the  price,  and  on  being  told  $100,  said  he  was  willing  to 
submit  it  to  arbitrators,  and  would  do  whatever  they  should 
decide  to  be  right.  We  then  proceeded  to  Lexington  and 
had  nearly  reached  our  boarding  house,  when  Mr.  C.  left 
the  carriage  he  was  riding  in — clambered  upon  the  driver’s 
seat  of  ours,  and  directed  the  horses’  heads  to  the  “ Megow- 
an  Hotel.”  He  then  came  down,  opened  the  hack  door 
and  said  to  Mr.  F.  “Now  sir,  I want  my  pay  for  that 
horse!”  Mr.  F.  replied  “I  am  willing,  sir,  to  do  what  I 
told  you.  I don’t  know  what  your  customs  are  here  ; but 
if  any  honorable  man  can  be  found  who  will  say  I ought  to 
pay  for  the  horse,  I will  do  so.”  Mr.  C.  then  said  he  should 
not  leave  it  to  others,  but  if  Mr.  Fairbank  would  put  a hun- 
dred dollars  into  his  hand  without  any  further  ceremony, 
he  would  be  satisfied.  But  unless  he  did  so,  and  that  im- 
mediately, he  should  not  advance  another  step.  Mr.  F. 
said  he  had  not  that  much  with  him.  Mr.  C.  at  this 
appeared  exceedingly  irritated,  and  raising  his  voice  order- 
ed him  to  get  out  of  the  hack.  Mr.  F.  then  told  him  he 
would  see  him  after  he  had  accompanied  Miss  Webster  to 
her  boarding  house.  He  had  taken  her  from  there,  and 
wished  to  return  with  her.  By  this  time  a crowd  of  per- 
sons had  assembled  to  the  spot,  Mr.  C.  then  repeated  his 
order,  adding,  if  he  did  not  get  out  immediately  they  would 
take  him  out.  Mr.  Fairbank  then  got  out,  and  Mr.  Craig 
seized  him  by  dhe  collar  and  cried  aloud,  “ Bring  a 
rope.  Bring  a rope  quick.  I’ve  got  the  man  that  killed 
my  horse.”  Till  now  I had  been  silent.  My  heart  was 
pained  with  the  horrid  imprecations  that  rent  the  atmos- 


12 


trial  OF  MIS8  WEBSTER. 


phere,  ar.d  knowing  how  lightly  human  life  was  esteemed, 
especially  by  an  infuriated  mob,  and  how  slight  an  offence 
would  provoke  the  dark  and  fiendish  spirit  ol‘ those  enemies 
of  God  and  man  to  draw  the  dirk,  pistol  or  bowic  knife  on 
their  defenceless  fellow  ; feared  the  result;  and  venturing 
to  speak,  I addressed  Mr.  Craig,  as  nearly  as  I can  recol. 
lect,  in  the  following  words  : 

“Though  I may  be  a stranger  to  you,  sir,  I have,  for  some 
time  been  a resident  of  this  city,  and  am  well  known  as 
principal  of  the  Academy.  My  name  is  Webster  ; and  my 
patrons  are  of  the  first  class  in  the  community.  Your  de- 
mand, seems  to  me,  sir,  unreasonable  ; but  if  Mr.  F.  wishes 
to  satisfy  it,  I can  loan  him  the  sum  requisite.”  I then 
expressed  my  hope  that  they  would  keep  cool,  and  that  their 
excitement  would  not  lead  them  to  act  unadvisedly. — 
Mr.  Craig  respectfully  and  mildly  replied,  that  he  was  not 
exasperated  because  Mr.  Fail  bank  had  not  the  money,  but 
because  he  saw  plainly  he  had  no  disposition  to  give  him 
any  satisfaction  even  if  he  had  the  means.  I remarked  to 
him  that  Mr.  F.  was  a stranger  in  the  place,  of  course  not 
accustomed  to  our  usages  ; and  rather  than  have  any  un- 
warrantable measures  pursued  I would  pay  for  the  horse 
myself.  I then  invited  him  to  get  into  the  hack — to  suffer 
Mr.  F.  to  do  so — to  accompany  us  to  our  boarding  house 
and  there  candidly  and  cooly  talk  over  ihe  whole  matter  ; 
at  the  same  time  assuring  him  if  he  would  do  so,  I had  no 
doubt  that  the  affair  would  be  settled  to  his  perfect  satisfac- 
tion. He  answered  that  he  would  talk  with  him  a few 
minutes  first.  Then  turning  to  the  hackman,  told  him  to 
take  me  home  if  I wished  to  go.  The  horses  started,  and  I 
saw  a crowd  surround  Mr.  F.  and  heard  him  say,  “Gentle- 
men it  is  not  necessary  for  you  to  tie  me.  If  you  wish  me 
to  go  in,  I will  do  so.”  They  then  seized  hold  of  him  and 


TRIAL  OP  MISS  WEBSTER. 


took  him  into  the  bar-room.  The  rabble  instantly  rushed 
to  the  door  but  were  pushed  back  and  the  door  locked.  I 
ordered  the  carriage  to  stop,  but  no  sooner  was  I obeyed  than 
I found  myself  literally  enveloped  by  a mob  of  several  hun. 
dred.  At  this  moment  Mr.  James  P.  Megowan,  seeing  the 
danger  I was  in,  hastened  to  my  relief.  He  invited  me  to 
sit  in  the  parlor ; but  I told  him  they  were  looking  for  me 
at  my  boarding  house.  I was  unattended,  but  would  sit  in 
the  carriage  till  they  got  through  their  consultation.  He 
then  said  it  might  be  some  time  and  asked  if  I would  accept 
the  company  of  his  brother  1 to  which  I replied  that  I would 
rather  not  trouble  his  brother,  as  he  was  an  entire  stranger  ; 
and  requested  him  to  ask  Mr.  Craig  if  he  would  be  out  soon, 
Mr.  M.  said  the  crowd  was  increasing  every  moment,  and 
I had  better  drive  around  the  corner  while  he  spoke  to  Mr. 
C.  He  returned  directly  with  answer  that  he  would  corns 
in  a few  minutes.  “ But,”  addedMr.  Megowan,  “I  think 
it  very  doubtful.  They  are  quite  excited  and  may  remain 
there  two  or  three  hours,  perhaps  all  night.”  I then  ex- 
pressed a wish  to  see  Gen.  McCalla.  But  he  was  not  called. 
Mr.  M.  again  invited  me  to  go  in,  adding  that  I was  in  im- 
minent danger,  and  I told  him  I would  do  so,  if  he  thought 
best. 

He  however  did  not  advise  it,  but  offered  to  attend  me 
home  and  did  so,  in  company  with  Mr.  Moreland,  I met 
with  the  same  cordial  reception,  deference  and  respect  I had 
ever  found.  Supper  was  over,  but  mine  was  immediately 
brought  up  and  I sat  down  to  relate  the  incidents  of  my 
unfortunate  ride.  Being  more  or  less  in  the  habit  of  as- 
cribing  the  cause  of  my  trials  to  some  of  my  own  errors 
either  of  heart  or  head,  I was  more  than  half  inclined  to 
charge  this  to  my  violation  of  a divine  precept  taught  in 
Is.  60,  23.  When  I retired  to  my  room,  I requested  Mrs. 

B 


14 


TRIAL  OF  MISS  WEBSTER. 


Glass  to  accompany  me,  which  she  did.  Immediately  on 
opening  the  door,  I perceived  a slight  change  in  the  location 
of  several  articles  and  inquired  of  Mrs.  G.  who  had  been 
injmy  room  during  my  absence’?  She  replied  that  no  one 
had  been  in.  I then  pointed  out  to  her  several  articles 
which  to  her  certain  knowledge  as  well  as  my  own,  w’ere 
now  occupying  a different  place  from  that  they  retained 
when  I left,  and  asked  her  to  account  for  it.  She  simply 
replied  “ You  may  have  forgotten  Miss  Webster.”  I then 
said,  “Admitting  Mrs.  Glass,  that  I may  be  mistaken  in 
relation  to  some  things,  yourself  surely  cannot  have  for- 
gotten my  closing  and  fastening  the  window  shutters,  in 
your  presence,  the  last  thing  before  I left  the  room  ; and 
now  you  see  they,  are  wide  open1”  She  then  responded 
that  she  certainly  had  not  been  in  herself,  and  if  any  one 
else  had,  it  was  without  her  knowledge,  and  added,  “ Per- 
haps the  wind  might  have  opened  the  shutters.”* 

I was  not  disposed  to  question  the  old  lady’s  veracity, 
and  merely  remarked  that  I should  be  sorry  to  have  untrusty 
servants  intrude  in  my  absence.  The  subject  was  then 
waived,  and  we  conversed  awhile  on  other  topics  ; after 
which  she  retired  to  her  own  apartment.  I was  in  the 
habit  of  offering  Mrs.  Glass  the  key  of  my  room  whenever 
I went  out  and  had  done  so  on  that  occasion,  but  took  it 
with  me  by  her  request. 

Late  in  the  night  we  were  aroused  by  a heavy  rap  at 
the  door,  which  was  several  times  repeated  each  louder  and 
heavier.  I listened  a moment,  and  hearing  no  servant  go 
to  the  door,  I stepped  into  Mrs.  G.’s  room,  to  know  if  she 


* She  afterword  said  to  Gen.  Combs,  “ Miss  Webster  would  never 
have  known  that  any  one  entered  her  loom  in  her  absence  if  I had  noi 
forgotten  to  rcclose  the  shutters.” 


TRIAL  07  MISS  WEBSTER. 


15 


heard  it.  She  appeared  quite  alarmed  and  said  she  dared 
not  go  to  the  door.  I then  recommended  her  to  go  ; which 
she  consented  to  do,  if  I would  go  with  her.  She  called 
to  know  who  was  there,  and  was  answeied  “Friend.” 
She  asked  the  name,  but  no  reply.  Those  without  in- 
quired if  Mr.  Glass  was  within,  were  answered  by  Mrs.  G. 
in  the  affirmative,  when  they  expressed  a wish  to  see 
him.  Mrs.  G.  now  retreated,  declaring  that  she  dared 
not  open  the  door.  The  knocking  grew  more  violent,  and 
it  was  evident  there  were  several  without.  I know  not 
why  I desired  the  door  should  be  opened,  but  still  I advised 
it  and  at  length  Mrs.  G.  said  if  I thought  best  to  open  it 
she  would  not  object.  I then  went  to  the  door,  unhesita- 
tingly turned  the  key  and  invited  them  in.  They  first  in- 
quired  if  Mr.  Glass  was  in  ; being  informed  he  teas  not, 
asked  where  he  was— and  when  he  was  expected  to  return 
— expressed  some  regret  at  not  seeing  him,  bade  me 
“good  evening,”  and  took  their  departure.  We  onco  more 
retired  to  our  several  apartments,  but  not  an  hour  had 
elapsed  ere  we  were  again  aroused  in  a similar  manner. 
Mrs.  G.  again  hesitated  and  asked  me  if  I thought  it  best 
to  grant  admittance. 

I told  her  I knew  no  objection,  when  she  opened  the  door 
and  a company  of  persons  entered  in  the  garb  of  gentle- 
men, whose  object,  as  the  sequel  disclosed,  was  the  capture, 
of  an  unprotected  female.  It  may  not  be  uninteresting  to 
introduce  here  a brief  extract  from  a letter  dated  Oct.  7th, 
1844,  written  in  jail,  giving  some  account  of  my  arrest. 

“ I was  desired  to  return  to  the  “ Megowan  Hotel.” 
From  my  estimate  of  Kentucky  gallantry,  I of  course,  ex- 
pected  to  find  a carriage  at  the  door.  * * My  walk 

was  quiet  and  somewhat  agreeable.  It  was  a beautiful 


18 


TBIAL  OF  MISS  WEB3TEB. 


moonlight  night,  though  cool  for  the  season.  Some  few 
clouds  mantled  the  horizon,  and  the  rmirmurings  of  a gen- 
tle breeze  added  romance  to  the  occasion.  Nought  else  was 
heard,  save  low  whisperings,  and  the  tramping  of  footsteps 
on  the  pavements;  I being  honored  with  upwards  of  forty 
attendents.  You  would  have  smiled  at  the  novelty  of  the 
scene.  Ever  and  anon  we  passed  small  groups  of  from  ten 
to  twenty  persons,  apparently  engaged  in  earnest  consul- 
tation. Whether  they  were  planning  a project  of  human- 
ity or  meditating  some  deed  of  darkness,  was  not  in  my 
power  to  determine.  This  eventful  night  was  the  com- 
mencement of  a new  era  in  my  history.” 

From  this  solemn,  midnight  hour,  I date  my  wearisome 
captivity.  When  I arrived  at  the  “ hotel,”  I was  accom- 
panied  by  Mr.  Thomas  B.  Megowan,  through  a lower  room 
— up  stairs  and  thence  to  the  “ Debtor’s  Room,”  where 
I was  unceremoniously  locked  in,  without  a word  being 
spoken.  This  room  was  large,  and  rather  commodious, 
being  occasionally  occupied  by  boarders  and  travellers. 
The  next  morning,  as  the  door  remained  locked,  I looked 
around  for  a bible,  thinking  it  would  be  a convenient  op- 
portunity to  read,  before  school-time  ; not  having  the  re- 
motest idea  but  I would  be  released  when  my  school  hour 
arrived.  There  was,  however,  but  one  book  in  the  room, 
which  I eagerly  siezed,  but  discovering  it  to  be  a “ novel” 
I laid  it  down  unopened,  and  returned  to  my  meditations ; 
but  was  soon  interrupted  by  loud  execrations  in  the  jail- 
yard,  which  drew  my  attention  to  the  window  ; whence  I 
saw  Mr.  Fairbank,  surrounded  by  a crowd  of  well  dressed 
men,  calling  him  at nle  “ Abolitionist and  with  the  same 
breath  threatening  his  life.  Some  proposed  to  hang  him, 
say  no  more  about  it  and  let  Miss  Webster  go  back  to  her 
sehool,  others  objected,  declaring  that  they  ought  both  of 


TRIAL  OF  MISS  WEBSTER. 


IT 


them  to  be  decapitated  openly,  and  their  heads  carried 
through  the  streets.  Some  thought  best  to  cut  his  throat  or 
blow  out  his  brains  instantly.  But  another  rushing  up  to 
him,  declared  with  a solemn  oath,  he  would  himself  tear 
his  heart  out  with  a “ bowie-knife.”  I looked  to  see  him 
fall  a mangled  corpse  ; when  he  gravely  but  emphatically 
answered,  “ Gentlemen,  think  not  to  frighten  me  with  such 
sights.  The  drawing  of  your  knives  and  pistols  don’t 
alarm  me.”  Then,  throwing  open  his  coat  and  bearing 
his  breast,  continued,  “ I am  prepared  to  die.  But  remem- 
ber there  is  a God  in  Heaven  ! And  if  I fall  a victim  to 
your  violence,  remember  that  that  man  who  [sheds  a drop 
of  my  blood,  will  lose  his  soul  in  Hell.”*  They  seemed 
a little  daunted  by  these  remarks,  and  Mr.  F.  inquired  for 
Miss  Webster;  adding,  that  he  wished  to  see  her.  But 
was  answered  in  an  uncouth  manner,  that  his  wish  would 
not  bo  granted. 

These  were  persons  in  the  yard,  who  knew  I was  stand- 
ing at  the  window,  having  seen  me  from  the  first ; and  at 
this  instant  directed  Mr.  F’s  eye  upward  ; when  I cheer- 
fully bade  him  “Good-Morning;”  which  was  so  distinctly 
heard  below,  that  he  was  instantly  taken  out  of  my  sight. 

Not  a moment  had  elapsed  ere  Mrs.  Megowan  opened 
the  door  and  I supposed  my  release  was  at  hand,  when 
she  very  peremptorily  said  “You  are  not  to  look  out  of 
that  window  nor  the  other,”  and  was  about  relocking  the 
door  when  I called  to  her,  and  told  her  it  would  be  neces- 
sarv  I should  leave  soon  ; as  it  was  near  school-time.  She 
responded  “You  will  be  kept  hero  two  or  three  days, 
school  or  no  school.”  I then  requesfed  lo  see  Mr.  Clay, 


* There  were  several  bystanders,  who  took  no  part  in  th^se  pro- 
ceedings j and  who  can  testily  to  the  correctness  o(  my  statement. 


n’ 


18 


TRIAL  OF  MISS  WEB5TE5. 


as  as  it  was  quite  inconsistent  for  me  to  spare  so  much 
timo.  She  abruptly  answered  “You  have  already  had 
business  enough  with  Mr.  Clay,  in  stealing  negroes.  He 
ought  to  be  in  jail  himself;  and  will  be  arrested  before 
night.”  I then  inquired  if  I could  have  the  privilege  of 
sending  a note  to  him.  Was  answered  “No.”  I asked 
the  privilege  of  sending  a note  to  my  school,  but  was  re- 
fused. I then  told  her  I had  no  books  wilh  me,  and  was 
unimployed  : and  respectfully  asked  the  loan  of  a bible. 
This  also  was  refused,  and  the  door  closed  before  I had 
time  to  reply.  I knelt  down — implored  sustaining  grace, 
and  thanked  God  that  even  the  prisoner,  could  not  be  de- 
nied the  right  of  of  prayer.  Ere  long  the  clanking  of  irons 
in  the  yard  below,  together  with  the  heavy  blows  of  the 
blacksmith’s  sledge,  roused  me  from  my  meditations.  It 
was  with  difficulty  I could  keep  myself  from  the  window. 
I however  restrained  my  feelings  for  some  time,  till  Mr. 
Fairbank’s  moving  cries  for  pity,  made  me  regardless  of 
the  prohibition,  and  I looked  out.  The  commingling  tones 
of  pleasure  and  pain,  were  truly  alarming.  Mr.  F.  was 
being  put  in  irons.  The  hammering  continued  : and  some 
seemed  moved  with  pity,  while  Mr.  F.  was  begging  them 
not  to  pound  so  hard.  “ I tell  you,”  said  he,”  it  hurts  too 
had ! O,  dont ! ! you  know  not  how  it  hurts  me,”  &c. 

But  many  seemed  to  delight  in  his  torture  ; and  declar- 
ed their  wish  to  have  Miss  Webster  ironed  in  the  same 
manner. 

The  process  of  ironing  was  long  and  tedious.  After  it 
was  over  he  was  again  placed  in  the  dungeon,  and  I turn* 
ed  from  my  window  with  a heavy  heart.  I never  knew 
till  now  the  sufferings  of  a prisoner.  I never  knew'  our 
lfiws  were  so  corrupt  as  to  empower  a wicked,  unfeeling, 
unprincipled  jailer,  to  exercise  a domineering  spirit  of  un- 


TRIAL  OF  MISS  WEBSTEK. 


19 


controlled  oppression  on  a defenceless  prisoner.  But  per- 
haps I mistake.  It  may  be  that  our  laws  invest  no  such 
power  in  the  jailer.  But  what  better  is  it  if  they  suffer 
the  abuse,  and  take  no  cognizance  of  it  ? 

But  to  return.  For  a few  minutes  all  was  silent  ; and  I 
availed  myself  of  the  quietude  to  calm  my  agitated  bosom — 
subdue  my  indignation,  and  regain  my  wonted  composure. 
Suddenly  the  prison  walls  resounded  with  the  most  execra- 
ble oaths,  horrid  cursings,  and  awful  threats  that  ever 
burst  from  the  lips  of  a demon.  It  seemed  as  though  the 
lower  regions  had  all  broken  loose. 

Shocked  and  trembling,  I sprang  from  my  chair,  and 
was  advancing  to  the  window,  when,  recollecting  that  I 
was  “ not  to  look  out,”  I turned  the  other  way.  It  appear- 
ed, from  the  confusion,  that  a throng  of  men  had  entered 
the  yard  and  were  about  venting  their  odium  on  some 
helpless  prisoner,  in  brutal  violence.  Impelled  by  my 
feelings  to  go  to  the  window,  I paused  to  reflect. 

A captive  in  the  power  of  a heartless  jailer,  what  could 
I do  ? I heard  the  harsh,  rude  tones  of  his  angry  voice 
below,  and  knew  some  one  was  suffering  ; but  was  forbid- 
den to  look  out.  Conscious  of  the  prisoner’s  duty  I strug- 
gled to  submit.  At  length,  I concluded  that  I was  not 
bound  to  obey  those  having  no  right  to  command.  I felt 
that  I would  be  no  more  culpable  for  looking  out,  than  is  the 
slave  for  taking  his  liberty  when  he  can  get  it.  There 
was  a risk.  But  I was  resolved,  while  shut  out  from 
the  world,  and  its  hallowed  joys,  I would  at  least,  (so 
long  as  untrammeled  by  chains  and  fetters,)  walk  about 
my  cloister  and  make  the  best  of  the  freedom  and  scanty 
privileges  of  my  prison.  If  this  was  a violation  of  jail 
laws,  I often  trespassed  ; but  if  this  was  no  violation,  then 
I am  exonerated  from  disobedience. 


20 


TRIAL  OF  MISS  TVEBSTER. 


The  reviling,  swearing,  and  threats  continued  ; mingled 
with  heavy  blows,  and  the  cries,  and  groans,  and  prayers 
of  the  bleeding  victim.  I ad  vanced  coolly,  but  resolutely 
to  the  window  ; and  felt  that  I was  facing  an  enemy  on  the 
field  of  battle.  O,  the  horrors  of  the  moment ! Poor  Israel, 
(the  hackman,)  was  kneeling  on  the  pavement,  pleading 
for  h is  life.  He  was  an  old.man,  a true  and  faithful  servant, 
an  humble  Christian,  and  had  spent  his  life  in  unrequited 
toil ; and  now  they  told  him  he  must  die,  unless  he  would 
admit  that  he  himself  had  carried  off  the  slaves.  He  begged 
for  his  life.  Again  and  again  he  protested  his  innocence  ; 
and  in  the  most  touching  appeals,  called  on  heaven  to  wit. 
ness  the  injustice  of  his  punishment. 

He  was  ordered  with  a loud  voice  to  take  off  his  shirt ; 
and  with  every  breath,  almost,  this  order  was  repeated  ; 
and  each  time  accompanied  with  a violent  lash  over  his  head 
or  face  with  a cowhide.  Still  he  dared  not  take  off  his 
shirt.  Poor  man  ! He  knew  too  well  his  skin  would  come 
off  next.  At  length  his  master,  standing  by,  seeing  the 
relentless  tyranny,  and  high  toned  fury  of  the  whipper, 
seemed  slightly  moved  with  pity;  and  speaking  in  a mod- 
erate tone,  said,  “why,  then  don’t  you  take  off  your  shirt  ?’’ 
At  this  he  instantly  obeyed,  and  the  regular  whipping  com- 
menced. 

I resolved  to  count  (he  blows,  knowing  that  the  extent 
of  the  law,  did  not  exceed  the  infliction  of  thirty-nine  lash- 
es, even  if  the  man  were  actually  guilty  of  the  crime  alleg- 
ed against  him.  The  whipper  said,  the  boy  must  have  lied 
to  him  ; adding  that  it  was  impossible  for  the  slaves  to 
escape  without  assistence  ; at  the  same  time  c’sc  hiring  v i h 
a solemn  oath,  that  unless  Israel  would  tell  the  fri  t ard 
admit  carrying  off  said  negroes,  at  least,  the  b 
ho  would  tear  his  body  in  pieces  and  ver  the 


TRIAL  OF  MISS  WEBSTER. 


21 


pavement.  Israel  begged  for  mercy  ; somotimes  crying 
aloud  to  be  delivered  from  the  torturing  lash  ; at  others, 
his  power  of  utterance  seemed  gone ; and  deep  and  stifled 
gobs,  alone  were  heard.  But  enough.  The  reality  mocks 
my  feeble  effort  to  describe,  and  my  heart  recoils  and  sick, 
ens  at  the  recollection. 

O 1 were  it  not  for  perfect  bliss,  where  God  and  angels  dweH, 

Seraphs  must-  weep,  at  scenes  like  tins  while  devils  blush  in  heH. 

None  but  eye  witnesses  to  these  deeds  of  darkness  can 
realize  the  depth  of  cold  blooded  oppression.  With  purpose 
fixed,  I gazed  in  silence  on  the  spectacle  before  me.  My 
heart  was  riven,  but  my  cheek  was  dry.  This  was  no  time 
for  tears.  Fifty  lashes  scored  the  old  man’s  back  ; and  all 
was  darkness— I saw  no  more.  My  trembling  limbs  re- 
fused their  weight,  and  I should  have  sunk  to  the  floor ; but 
raising  my  hands  I grasped  the  iron  bars  and  kept  from 
falling.  This  motion  drew  the  attention  of  some  below, 
and  they  hastily  cried  out,  “Stop  ! Stop ! Miss  Webster  is 
looking  on  ! Take  him  out  of  sight ! Take  him  to  the 
barn.”  The  order  was  obeyed  and  all  was  once  more 
quiet.  The  jailer  (Mr.  Thos.  B.  Megowan)  now  entered 
— angrily  closed  the  window,  and  withdrew  without  speak- 
ing. Presently  a crowd  of  gentlemen  came  in,  bringing 
with  them'rny  trunks,  which  they  requested  me  to  open. 
I proffered  them  the  keys,  which  they  refused.  No  one 
among  them  appeared  willing  to  take  the  responsibility  of 
the  search.  I placed  the  keys  on  one  of  the  trunks,  and 
retired  to  my  chair.  At  this,  the  jailor  peremptorily  told 
me  to  unlock  my  trunks,  which  I did  ; leaving  the  lids  down. 
They  then  inquired  if  I had  letters  in  my  trunks  ; 1 answer- 
ed in  the  affirmative,  and  told  them  which  trunk  they  were 
in.  I was  then  requested  to  open  it.  But  answered  that 
it  was  not  locked.  They  however  did  not  seem  satisfied, 
and  I raised  the  lids.  But  even  this  was  not  enough  ; and 


22 


TRIAL  OF  MISS  WEBSTER, 


(hey  asked  me  to  take  out  every  thing  in  them.  This, 
however,  1 left  for  them  to  do.  I pointed  out  to  them  my 
letter  box,  at  the  same  time  questioning  their  authority 
to  examine  its  contents.  Several  however  surrounded  it, 
and  began  perusing  the  letters  with  a greediness  truly 
amusing. 

The  search  continued  a long  time.  Every  box  was  open- 
ed, and  every  scrip  of  paper,  however  small,  carefully  ex- 
amined by  all  who  chose  to  read  them. 

All  this  was  done,  without  even  hinting  to  me,  the  object 
of  the  search.  When  the  trunks  were  exhausted,  and  tha 
contents  scattered  over  the  room,  not  having  found  anv 
thing  (as  they  said)  to  serve  their  purpose,  they  next  in- 
quired, if  these  were  all  the  papers  in  my  possession  ? Be- 
ing answered,  they  were  “not  a hundredth  part  of  them” 
they  requested  the  key  of  my  room,  which  I gave  them. 
They  devoted  some  time  to  the  examination  of  papers  in 
my  room  — had  finished — and  were  about  leaving,  after  an 
unsuccessful  search,  as  I was  informed,  when  Mrs.  Glass 
entered,  and  placed  in  the  hands  of  the  Rev.  Mr.  Coons, 
Methodist  Minister,  some  papers  which  the  commonwealth 
attempted  to  introduce  on  my  trial  ; but,  which  at  my  re- 
quest, were  examined  by  the  Court,  who  excluded  them, 
pronouncing  that  they  had  “no  bearing  on  the  case.” 

Before  noon,  Israel  was  brought  back  from  the  barn,  and 
placed  in  the  dungeon  ; and  his  persecutors,  eager  to  tell 
their  success,  rushed  up  stairs,  saying,  “Well,  we’ve  got  it 
out  of  him  ! Rather  than  die,  he  has  at  last  come  out 
and  told  it ! We  knew  he  would.  And  now  Miss  Webster, 
Israel  says  so  and  so,  and  if  your  statement  should  corres- 
pond  with  his,  you  will  save  Israel  s life,  and  yourself  from 
sixty  years  in  the  penitentiary  ! There  is  no  hope  for 
Fairbank,  but  no  one  wishes  to  imprison  you.  Neither  do 


TRIAL  OP  MISS  WEBSTER. 


23 


we  wish  you  to  stand  trial.  It  is  in  your  power  to  clear 
yourself.  You  can  do  so  as  easily  as  you  can  turn  your 
hand  ever ; and  then  you  will  not  be  kept  here  an  hour, — 
but  the  doors  will  be  opened,  and  you  can  return  to  your 
school.  We  are  your  friends,  and  unless  you  take  our  ad- 
vice, there  is  no  escape  from  sixty,  and  perhaps  eighty  years 
in  the  penitentiary.” 

Filled  with  disgust  and  indignation,  I responded,  “Gen- 
tlemen, your  threats  and  your  promises,  are  alike  unheeded. 
Though  I smile  with  contempt  on  your  proffered  friendship, 
think  not  that  these  things  move  me.  You  have  lacerated 
that  old  man’s  back,  till  he  is  ready  to  say,  yes  or  no  to  suit 
your  pleasure.  And  I wish  you  distinctly  to  understand, 
that  whatever  assertions  he  may  make,  I shall  neilher  ad- 
mit, or  deny.  Thank  God  I’m  not  a slave.  I ask  no  pity. 
All  I want,  is  the  extreme  justice  of  the  law.  And  sooner 
will  I suffer  all  the  tortures  of  the  inquisition,  than  degrade 
myself  by  asking  mercy  at  your  hands.” 

In  the  course  of  the  day  I was  placed  under  four  indict- 
ments, and  Five  Thousand  Dollar  bonds,  without  any  ex- 
amining Court.  I tried  in  vain  to  procure  counsel.  My 
messages  were  not  delivered.  My  room  remained  thronged 
with  persons  of  every  grade,  interrogating  me  on  various 
subjects,  till  dark  ; when  I was  once  more  left  in  peace. 
O,  how  sweet  to  be  alone,  even  in  prison.  The  excitement 
of  the  day  had  given  me  a fine  appetite,  and  the  supper 
bell  was  grateful  to  my  ears.  Presently  the  servant  en- 
tered, and  I sat  down  to  eat.  Seeing  a copious  supply 
of  meat  upon  the  waiter,  I told  her  to  bring  me  a knife  and 
fork.  She  started  for  them,  saying  “she  had  placed  them 
ou  the  w'aiter  once,  but  her  master  took  them  off,  and  told 
her  to  let  me  eat  with  my  fingers.”  O,  very  well  said  I,  you 
need  not  go  for  them.  I had  a good  dinner  and  can  dis~ 


24 


TRIAL  OF  MISS  WEBSTER. 


pense  with  supper.  Here,  I will  drink  the  milk,  and  you 
may  take  the  waiter  down. 

Thus  ended  my  first  day  of  prison  experience.  Its  fa- 
tigues had  now  ceased,  and  wearied  with  its  conflicts,  I was 
glad  to  welcome  the  hour  of  sleep.  Commending  myself 
to  the  protection  of  Him,  who  “despiselh  not  his  prisoners,” 
I was  soon  lost  in  imagery  bright  and  invigorating.  The 
morning  broke — I awoke  and  was  refreshed.  A good  break 
fast  was  brought  in,  with  all  the  necessary  utensils.  Before 
had  finished  my  repast,  however,  I was  exceedingly  an- 
noyed  by  the  clanking  of  irons  below ; and  looked  out  to  see 
what  was  the  matter.  The  prisoners  were  let  into  the  yard 
to  take  their  breakfast.  Mr.  Fairbank,  and  two  negroes 
condemned  to  be  executed,  were  trying  to  move  about  in 
their  irons.  O,  what  a sight ! They  could  scarcely  move 
their  feet  at  all.  Mr.  F.  fell  several  times,  and  appeared 
low  spirited  and  disconsolate.  Not  having  been  forbidden 
to  speak  I drew  his  attention  to  the  window,  with  a view  to 
offer  a word  of  comfort — bade  him  “Good  morning  and 
asked  him  how  he  enjoyed  his  mind.”  He  shook  his  head 
when  I perceived  he  w'as  under  some  restriction  ; and  apol- 
ogizing, I retired  from  the  window  and  sought  the  earliest 
opportunity  to  make  my  humble  acknowledgements  to  the 
jailer  for  this  intrusion.  lie  seemed  exasperated,  and  de- 
clared Fairbank  should  not  go  out  of  his  dungeon  again, 
on  any  occasion  ; but  that  he  would  instantly  chain  him  to 
the  floor.  1 assured  him  Mr.  Fairbank  had  not  spoken 
- — told  him  I was  the  only  one  to  blame,  and  begged  him 
not  to  punish  another  for  my  offence.  He  was  too  angry 
to  be  entirely  dissuaded  from  his  purpose;  but  for  the  time, 
omitted  the  chaining. 

After  this,  I seldom  saw  him  in  the  yard,  unless  taken 
out  to.  converse  with  his  counsel.  He  was  not  chained  to 


TRIAL  OF  MISS  WEBSTER. 


25 


the  floor,  until  a subsequent  attempt  to  break  jail,  which  ha 
told  the  jailer  in  my  presence,  he  should  never  have  made, 
had  he  not  been  driven  to  desperation  by  inhuman  treatment. 
During  this  day  also,  I was  continually  molested  with  so- 
licitation to  clear  myself ; but  told  them  inasmuch  as  I was 
indicted,  1 should  stand  my  trial  ; and  it  was  useless  for 
them  to  try  to  dissuade  me  from  my  purpose.*  They  urged 
me  to  go  immediately  to  trial  that  day.  I told  them  I could 
not  go  to  trial  till  I had  seen  an  attorney.  They  insisted 
upon  it,  that  that  would  make  no  difference,  because  tho 
Court  would  appoint  me  counsel.  Thus'  I was  harrassed 
with  intruders  for  two  or  three  days,  until  Mr.Rhodes  (sher- 
iff) was  making  some  inquiries,  when  I made  known  to  him 
the  impossibility  of  my  obtaining  counsel.  He  instantly  vol- 
unteered to  do  me  any  favor  in  his  power,  and  said  he  him- 
self would  be  the  bearer  of  any  message  I wished  to  commu- 
nicate. (This  was  the  first  word  of  kindness  1 heard  after 
my  capture,  except  in  one  instance  from  Judge  Davis.)  I 
hastily  despatched  Mr.  Rhodes  with  a note  to  Gen.  McCalla 
the  jailer  having  objected  to  my  sending  for  Mr.  Clay,  who 
very  soon  returned,  bringing  the  General  with  him.  My 
embarrassment  was  now  greatly  relieved,  and  I began  to 
hope  for  better  times.  O,  how  consoling  is  the  presence  of 
a friend  in  the  hour  of  adversity.  I was  now  in  circum. 


^During  this  time  I had  made  repeated  requests  to  the  jailer,  to  send 
for  counsel  lor  me,  but  they  had  all  been  disregarded,  and  no  person 
entered  my  prison  but  my  enemies.  Subsequently  loo,  my  friends,  with 
the  exception  of  my  counsel,  often  found  great  difficulty  in  obtaining 
admittance.  In  one  ir  stance  a gent  If  man  came  srveral  hundred  milea 
and  requested  admittance  but  was  denied,  because  he  was  a friend  to 
Mr.  Faiibank.  Casually  heating  that  he  was  in  the  place  and  having 
do  doubt  but  that  he  came  to  afford  assistance  I requested  permission 
toseehim,  but  wasdenied.  He,  w as  taken  outof  Led  at  a dead  hour 
of  the  nig  ht,  searched . his  diary  taken  from  him,  and  then  ordered  to 
leave  immediately;  and  seeirg  the  danger  of  a longer  slay,  ha  lost  no 
time  in  ret  urning  to  a land  of  freedom. 


2o 


TRIAL  OF  MISS  WEBSTER. 


stances  to  appreciate  the  smallest  kindness,  and  flattered 
myself  that  the  weight  of  my  trials  was  over  ; when,  it  was 
announced  to  me,  that  the  arrangements  were  all  made  for 
my  being  put  in  irons,  and  placed  in  a cold  dungeon,  alrea- 
dy crowded  with  black  women,  where  the  naked  floor  was 
to  be  rny  only  bed.  My  counsel  expostulated  with  the  jailer, 
and  offered  to  pay  him  for  the  use  of  the  room  1 was  now 
occupying  ; but  his  purpose  was  fixed.  He  then  went  to 
his  office  and  was  relating  the  jailer’s  intention  in  the 
presence  of  a gentleman  of  high  standing  and  influence 
from  Alabama,  together  with  several  others,  when  the  in- 
dignant Southerner  sprang  from  his  chair,  and  in  the  heat 
of  his  displeasure,  rushed  from  the  office  without  speaking, 
and  hastened  to  Judge  Buckner,  to  whom  he  made  known 
the  jailer’s  determination  ; adding,  that  it  was  beyond  all 
the  bounds  of  propriety,  and  an  outrage  upon  humanity  ; 
and  he,  in  permitting  such  treatment,  would  disgrace  his 
city-  This  gentleman,  to  whose  kindness  I am  so  deeply 
indebted,  is  a distinguished  slave- holder ; and  Iregret  that 
I have  forgotten  his  name.  The  Judge  hastened  to  my 
relief ; and  very  peremptorily  told  the  jailer,  (as  I was  in- 
formed,) that  he  should  permit  no  such  enormity  ; but  on 
the  contrary,  that  Miss  Webster  was  to  retain  the  apart- 
ment she  now  occupied,  and  to  be  served  with  all  due  res- 
pect during  her  custody  ; adding,  that  he  should  not  toler- 
ate any  further  annoyance  from  such  hordes  of  unwelcome 
visitors. 

The  Judge  farther  manifested  his  kindness,  by  telling 
me  I need  not  be  hurried  into  trial,  during  this  rage  of 
excitement  and  prejudice.  But  might  defer  it  till  the  fol- 
lowing spring  term,  or,  if  I chose,  he  ivould  call  a special 
term  of  the  court  for  my  accommodation.  Times  now 
began  to  brighten. 


T2IAI.  OF  MISS  W EBSTEIT, 


2T 


I employed  more  counsel,  and  for  a few  days  enjoyed  a 
good -degree  of  quietude.  But  nil  the  trying  scenes  I had 
passed  through,  Mere  nothing  compared  with  what  I was 
destined  to  experience  during  the  remainder  of  my  hun- 
dred davs  in  jail.  But  I forbear  to  pain  the  hearts  or  tax 
the  credulity  of  my  readers  with  a minute  detail.  Justice 
to  the  jailer  requires  me  to  add  that,  as  a general  thing 
I had  plenty  of  food  furnished  from  his  own  table,  three 
times  a day,  and  for  the  most  part  very  palatable. 

Also  a good  bed  &c.  And,  though  he  caused  the  win- 
dows to  he  screwed  down,  he  protested  that  he  did  not  do 
it  for  the  sake  of  depriving  me  of  air,  but  because  he  feared 
I would  have  some  communication  with  the  other  prisoners. 
He  invariably  professed  the  warmest  friendship  for  me, 
and  usually  treated  me  personally,  with  deference  and 
respect.  He  now  has  a letter  which  I wrote  him  while  in 
his  custody,  in  which  I went  to  the  extent  of  allowableness, 
in  acknowledging  his  favors  to  me  ; and  also  on  the  same 
sheet,  there  is  one  containing  the  expression  of  dissatis- 
faction at  some  things  (hat  had  occurred  in  my  treatment. 
And  I have  only  to  say,  that  being  a prisoner , and  having 
suffered  in  no  small  degree  in  a confinement  that  ran 
through  one  hundred  and  two  days,  I felt  as  a prisoner  and 
t crole  as  a prisoner.  And  designed  to  do  all  I consistently 
could  to  conciliate  the  feelings  of  my  persecutors. 

I was  then  disposed  to  make  the  best  of  my  condition  and 
treatment,  and  I am  not  now  inclined  to  make  the  worst  of 
it,  since  I am  delivered.  Added  to  all  the  discomforts  of 
my  prison  life,  my  health  began  to  bo  seriously  impaired 
from  October  28th,  and  by  November  7,  I was  confined  to 
my  bed  ; and  this  prostration  continued  for  four  weeks, 
during  which  time  my  sufferings  were  deep,  and  greatly 
aggravated  by  the  utter  disregard  of  Mrs.  Megowan,  to 


28 


TRIAL  OF  MISS  WEBSTER. 


have  the  physician’s  orders  attended  to.  The  physician 
was  called  for  the  first  time.  Nov.  7th,  and  he  continued  to 
visit  and  prescribe  for  me  until  thefever  abated. 

Most  of  the  time  from  November  7,  to  December  5,  I 
was  unable  to  sit  up  for  my  bed  to  be  made  ; but  from  that 
date  I began  to  recover,  and  on  the  10th,  my  Father  ar- 
rived from  Vermont,  and  on  th  11th  I sat  up  through  the 
day.  On  this  theme  I could  say  much  more,  but  intend 
saying  as  little  as  may  consist  with  a brief  history  of  the 
principal  faots'that  attended  my  imprisonment. 

Having  been  arrested  and  imprisoned  in  an  excited  and 
unguarded  moment,  it  then  became  necessary  to  convict 
me,  lest  my  enemies  should  themselves  be  exposed  to  the 
rigors  of  the  law.  Various  schemes  were  resorted  to,  for 
accomplishing  this  end  ; and  some  of  them  at  the  expense 
of  every  principle  of  honesty  ; among  which  were  the  fol- 
lowing : 

It  was  ascertained  that  I intended  summoning  the  fer- 
rymen at  Maysville,  as  witnesses  in  my  behalf;  on  which 
sny  enemies  went  to  see  the  ferrymen,  and  on  their  return, 
instantly  rumored  that  those  men  were  not  only  willing 
but  anxious  to  come  and  testify  against  me.  And  that  one 
of  them  was  heard  to  say,  that  “Miss  Webster  herself  got 
out  of  the  hack  on  the  Kentucky  side,  and  offered  five  doD 
Jars  to  be  taken  across,  and  that  he  would  go  two  hundred 
miles  to  be  a witness  against  her.  ” These  reports  were 
diligently  circulated  for  facts,  and  told  to  my  counsel  with 
apparent  candor  ; on  which  my  counsel  fearing  their  tes- 
timony might  possibly  operate  against  me,  hinted  to  me 
the  danger  of  procuring  them.  Still  I insisted  upon  their 
evidence  ; knowing  if  they  spoke  the  truth,  that  it  would 
he  of  importance  in  my  defence.  My  counsel  then  deter* 
mined  to  summon  them,  but  were  informed  by  the  ©the? 


TRIAL  OF  MISS  WEBSTER 


59 


party  that  a subpoena  had  already  been  executed  by  the 
Commonwealth.  Of  course  we  had  no  doubt  of  their  ap- 
pearance ; but  they  were  not  present,  and  the  sequel  proved 
that  my  opponents  must  have  known  what  would  be  the  true 
character  of  their  testimony,  and  its  weight  in  my  de- 
fence. 

Another  stratagem  was  resorted  to,  still  more  disgrace- 
ful. Just  upon  the  eve  of  my  trial,  handbills  were  sent  out 
in  every  direction,  stating  that  a dreadful  affray  had  just 
occurred  in  Georgetown,  Ohio, where  several  Kentuckians 
had  gone  to  retake  their  slave  property,  and  meeting  with 
strong  opposition  from  Abolitionists,  they  had  burnt  down 
one  house,  and  hung  one  of  the  negroes.  And  that  one 
or  two  Kentuckians  had  been  killed,  and  many  more  im- 
prisoned  by  the  Abolitionists.  That  no  doubt  this  blood* 
shed  was  the  commencement  of  a civil  war,  as  the  Ken- 
tuckians were  fast  gathering  to  the  spot,  and  the  multi, 
tude  increasing  every  hour.  &c.  &c.  This  appeared  just 
in  time  to  come  out,  with  its  comments  in  the  first  paper 
before  my  trial,  for  the  sole  purpose  of  kindling  a still 
greater  excitement,  and  preventing  the  possibility  of  a fair 
and  impartial  hearing.  This  grave  statement  had  the  de- 
sired effect,  its  treachery  not  being  detected  until  the 
close  of  my  trial,  when  it  was  discovered  to  be  a complete 
fraud — a base  and  groundless  falsehood. 

Again,  it  was  expected  that  the  audience  would  consist 
principally  of  ladies,  it  being  generally  known  that  they 
had  made  their  arrangements  to  attend.  But  the  day 
previous  to  my  trial,  reports  were  circulated  that  the  facts 
developed  in  evidence  would  shock  the  delicacy  of  fe- 
males,  and  that  it  would  be  unfit  for  them  to  attend.  I re- 
fer my  readers  to  the  testimony  itself,  for  the  truth  of  those 
reports.  The  ladies  not  once  surmising  the  motives  of  my 


so 


rBIAL  OF  MISS  WEBSTER. 


enemies,  were  thus  kept  away,  and  not  another  female  en*  * 
tered  the  Court  house  during  the  pendency  of  my  trial, 
except  in  two  instances,  when  they  were  brought  in  as  wit. 
nesses. 

The  following  is  a letter  written  ir.  jail,  to  Richard 
Buckner,  Esq.  judge  of  Fayette  Circuit  Court,  exposing 
some  facts,  and  giving  my  views  and  feelings  in  relation 
to  them.  Some  words  may  differ  slightly  from  that  which 
he  has,  but  generally  it  is  given  verbatim. 

Lexington  Jail,  Nov.  23d,  1S44. 
Judge  Buckner,  Honored  Sir  : — 

You  are  doubtless  a little  surprised  to  see  my  name  at 
the  bottom  of  this  letter — but  let  me  ask  you  not  to  look 
upon  me  as  an  intruder  ; but  as  one,  who  needs  and  insists 
upon  your  sympathy  — your  confidence — your  friendship 
and  your  aid.  As  one  whose  whole  course  of  life — whose 
every  action  renders  her  worthy  of  all  she  asks.  Did  I 
not  believe  you  to  be  a gentleman  of  humanity,  I wmuld 
not  trouble  you  with  these  few  lines.  But  your  repeated 
acts  of  kindness  towards  me,  (for  which  you  have  my 
warmest  thanks,)  have  convinced  me  that  you  aie  not  be- 
reft of  the  finer  feelings  of  nature— that  you  love  justice, 
and  that  you  are  not  pleased  that  domineering  tyranny 
and  oppression  should  triumph  over  conscious  innocence. 
Though  you  have  seen  me  but  once,  sir  ; did  not  your  deep 
penetration  and  discernment  tell  you,  guilt  was  a stranger 
to  my  heart?  The  face  is  the  heaven  of  the  soul ; and 
both  Physiognomists  and  Phrenologists  give  me  the  char- 
acter of  being  candid,  ingenuous,  frank,  open-hearted  and 
confiding.  True  it  is  sir,  I am  confiding,  quite  too  much 
so  ; for  I suppose  every  being  on  earth  my  friend  I have 
no  feelings  of  animosity  towards  any  ; and  why  it  is  that 


4 


TRIAL  OF  MISS  WEBSTER. 


31 


some,  have  centered  their  hatred  on  me,  is  more  than  I 
can  tell.  I have  wronged  no  one.  I have  injured  no  one. 
I have  never  in  any  way,  shape  or  manner  seduced  or  en- 
deavored to  seduce  any  servant  whatsoever  to  leave  his  or 
her  master  or  mistress.  Nothing  could  be  farther  from  my 
heart. 

And  I defy  any  one  to  bring  forward  an  instance  in  my 
whole  history  that  would  comport  with  anything  of  that 
character.  When  I came  to  this  place,  it  was  not  with 
the  intention  of  remaining  here  more  t han  two  weeks.  But 
the  Rev.  N.  H.  Hall  and  many  others,  were  so  very  urgent 
that  I should  take  a school,  that  after  repeated  refusals,  I 
was  at  length  over-persuaded,  and  very  reluctantly  consent- 
ed  to  begin.  This  was  one  year  last  summer ; since  which 
time  I have  devoted  my  constant  and  untiring  labors  to 
my  school,  till  my  arrest ; with  the  exception  of  two  weeks 
respite  last  spring,  when  I determined  to  go  home  to  my 
friends.  I felt  that  I could  be  absent  from  them  no  longer. 

But  I found  it  nearly  impossible  to  withstand  the  united 
entreaties  of  pupils  and  patrons.  I loved  my  school,  and 
was  always  passionately  fond  of  teaching.  Besides,  I had 
become  ardently  attached  to  Kentucky.  Its  mild  and  sa- 
lubrious climate  had  perfectly  restored  my  health  ; and  I 
had  conceived  a high  estimation  of  its  inhabitants.  (1  do 
not,  of  course,  mean  all , but  those  deserving  the  name  of 
true  Kentuckians.)  Indeed  I felt  quite  at  homo;  and 
though  my  trunks  were  packed,  and  I was  just  ready  to  bid 
adieu, I was  again  prevailed  upon  to  desist  from  my  purpose, 
and  go  back  into  my  school.  You  will  reproach  my  want 
of  decision  of  character.  I merit  your  severest  rebuke. 
Believe  it  is  my  most  prominent  failing,  and  I am  ashamed 
that  I possess  one  of  such  magnitude.  It  has  been  a mat- 
ter of  deep  regret  ever  since,  that  I did  not  return  at  that 


32 


TRIAL  OF  MISS  WEBSTER. 


time, — though  my  school  has  flourished  beyond  my  most 
buoyant  expectations  ; yet  every  letter  was  filled  with  anx- 
ious entreaties  for  my  speedy  return. 

My  Father’s  health  was  delicate  ; and  he  knew  not  how 
to  dispense  with  my  society.  My  mothers  anxiety  on  my 
my  account,  she  said  exceeded  all  her  other  cares,  because 
I was  alone  among  strangers. 

I replied  to  her  “that  I found  many  friends  and  was  very 
happy.  That  this  climate  perfectly  suited  my  delicate 
constitution;  and  though  I did  not  know  whether  I could 
say  I was  in  the  garden  of  the  world , yet  I truly  felt  that  I 
was  in  the  Eden  of  America”  * * * * 

Did  you  ever,  my  honored  sir,  in  your  moments  of  reflec- 
tion, take  a glance  at  my  real  situation  ? Have  you  suf- 
fered your  mind  to  dwell  upon  it  for  a moment  in  its  true 
light  ? Did  you  ever  think  of  me,  as  away  from  home — in 
a land  of  strangers — defenceless,  and  unprotected,  with 
none  to  extend  a friendly  hand,  or  breathe  a solacing  word 
in  the  dark  hour  of  adversity;  and  thus  circumstanced,  rude- 
ly and  unceremoniously  torn  from  a flourishing  school,  one 
in  which  I had  felt  greatly  interested — and  thus  deeply  and 
forever  degraded  in  the  eyes  of  all  my  patrons  and  a cher- 
ished circle  of  loved  acquaintances  ; and  cruelly  locked  in 
here,  without  the  slightest  provocation  ; where  it  is  impos- 
sible to  get  a breath  of  fresh  air,  from  one  month’s  end  to 
another  ? This,  honored  sir,  is  my  real  condition.  Now- 
do  tell  me  if  such  treatment  be  according  to  law. 

If  so,  law  and  justice  differ  more  widely  than  I am  wil- 
ling  to  believe.  I have  been  accustomed  to  consider  the 
terms  as  almost  synonymous;  but  how  immensely  hare  I 
mistaken  the  reality.  But  I do  not,  I cannot  believe  sir, 
that  law  had  anything  to  do  with  my  arrest.  Some  two 
®r  three  individuals,  irritated  at  the  loss  of  their  property,, 


trial  of  hiss  webstee. 


33 


and  not  willing  to  leave  one  stone  unturned,  thought,  as  I 
was  an  Eastern  person,  I might  be  a suspicious  character — 
and  I have  since  been  informed,  that  in  the  heat  of  their 
excitement  they  urged  my  arrest  with  great  impetuosity, 
and  on  account  of  meeting  with  much  opposition,  became 
exceedingly  boisterous — and  to  quiet  them,  near  midnight 
some  gentlemen  went  after  me.  Said  persons  called  at  my 
boarding  house,  and  inquired  if  I was  willing  to  go  up 
to  Mr.  Megowan’s  and  stay  till  morning;  adding  that 
there  was  a considerable  agitation,  which  would  probably 
subside  the  next  day  ; and  Mrs.  Megowan  desired  I should 
come,  saying  if  I would  do  so,  she  would  give  me  as  good 
a room  as  she  had  in  her  house,  &c. 

I told  them  I was  perfectly  willing  to  go,  and  put  on  my 
bonnet  at  once.  I was  then  asked  if  I had  any  objections 
to  my  trunks  being  taken  with  me.  1 thought  this  a very 
singular  request,  but  immediately  replied  that  I had  no 
objections;  and  locking  them  offered  them  the  keys; 
which  were  politely  refused.  They  said  nothing  about  the 
cause  or  subject  of  the  excitement  ;.  but  having  heard 
many  oaths  concerning  the  loss  of  the  horse,  I had  no 
doubt  but  it  arose  from  their  fears  that  they  would  not  get 
their  pay.  Consider  my  astonishment  on  being  conducted 
to  this  room,  suddenly  to  be  left  alone  and  hear  the  key 
furned  up  on  me.  I could  scarcely  believe  my  own  senses. 

“What  can  all  this  mean  !”  I exclaimed.  Still,  the 
thought  never  once  entered  my  mind  that  I was  in  jail. 
For  as  long  as  I had  been  in  the  place  I had  no  idea  in 
what  part  of  the  town  the  jail  was  located,  never  dream- 
ing of  its  being  in  any  way  connected  with  the  “Megow- 
an Hotel.” 

• I however  retired,  and  slept  as  sweetly  as  usual,  not 
awaking  until  a servant  entered  with  my  breakfast.  I 


34 


tbial  of  miss  websteb. 


eould  not  understand  why  my  breakfast  should  be  brought 
tne,  and  was  about  saying  to  her  that  1 was  not  ill,  when 
she  hastened  from  the  room  without  uttering  a word,  and 
relocked  the  door.  I dressed  myself,  and  was  conjecturing 
in  my  mind  whether  this  were  “as  good  a room  as  Mrs.  Me- 
gowan  had,”  when  I carelessly  drew  aside  the  curtains,  and 
lo  ! the  window  was  grated  the  whole  length,  and  my  view 
limited  by  an  enormous  wall.  I gazed  in  silent  amaze- 
ment, and  thought  for  an  instant  it  must  be  the  delusion  of 
a dieam,  from  which  I should  soon  awaken.  I then  went 
to  the  other  window, which  I found  grated  in  the  same  man- 
ner, and  opening  upon  the  same  huge  wall.  1 then  turned 
my  eves  toward  the  massive  lock,  such  as  I had  never  be- 
held before  ; and  laughed  aloud.  I had  not  laughed  before 
for  months,  indeed  I seldom  more  than  smile  ; but  the 
novelty  of  the  whole  affair  produced  sensations,  such  as  I 
never  before  experienced,  and  has  more  than  once  excited 
an  involuntary  laugh.  I sat  down  to  my  breakfast,  think- 
ing it  folly  to  puzzle  my  brains  in  trying  to  unravel  what 
eluded  my  comprehension  ; as  it  was  impossible  long  to  be 
kept  in  suspense.  I was  not  long  in  suspense.  Loud  talk- 
ing in  the  yard  below  with  more  profanity  than  I had  ever 
heard  before  in  all  my  life,  drew  my  attention  lo  the  win- 
dow, where  I stood  for  some  time  and  witnessed  a scene 
which  I wish  never  to  see  repeated.  Soon  after  a crowd  of 
men  entered  my  room,  which  continued  thronged  with  per. 
sons  in  the  garb  of  gentlemen,  for  two  or  three  days  before 
it  was  possible  for  me  to  procure  counsel.  This  was  ex- 
ceedingly unpleasant  and  annoying,  (as  many  other  things 
have  been,)  but  I was  cheerful  and  happy,  and  have  con- 
tinued so  the  whole  time  since  this  unfit  apartment  was 
made  my  residence. 

Notwithstanding,  I have  someiimes  found  it  exceedingly 


TRIAL  OF  MISS  WEBSTER. 


35 


difficult  to  forbear  giving  vent  to  the  secret  indignation  I 
felt  at  such  abuse  ; particularly  so,  during  my  illness, 
which,  sir,  has  been  very  severe.  Indeed  sir,  I can  give 
you  no  adequate  conception  how  much  greater  my  suffering 
has  been,  on  account  of  being  here,  than  it  need  necessa- 
rily have  been.  I will  not  pain  your  heart  with  the  un- 
pleasant recital.  Had  it  not  been  tor  this  illness,  I might 
have  forgotten  my  wrongs.  I might  have  buried  them  in 
oblivion. 

But  how  can  I forget  the  atrocious  cruelty  and  injustice 
of  a confinement  that  has  produced  such  an  amount  of 
suffering  ? The  history  of  Europe  bleeds  with  suffering 
innocence.  Her  tyrants  scruple  not  at  injustice  and  op- 
pression. But  no  where  in  the  annals  of  our  happy  nation 
can  he  traced  such  a scene  of  trials  and  misfortunes,  in- 
flicted cn  an  inoffensive  female,  without  grounds  or  provo- 
cation,  by  the  ruthless  hand  of  strangers.  And,  for  the 
credit  of  our  glorious  Republic,  I humbly  trust  this  act  may 
never  be  recorded.  Never  did  a martyr  suffer  more  un- 
justly. Had  I been  surrounded  b}’  friends  I should 
never  have  been  molested.  But  as  it  is,  I am  harrassed 
by  perseculion,  assailed  by  the  tongue  of  slander,  and  ex- 
posed to  the  vengeance  of  those  w ho  have  it  in  their  pow- 
er to  do  me  injury.  And  how  have  they  delighted  to  oxer* 
cise  that  power.  I am  told  I should  not  ride  with  a gen> 
tlemen  unless  it  be  my  intention  to  marry  him.  And  are 
these  the  refined  notions  of  society  in  which  I am  placed  1 
How  different  from  that  to  which  I have  hitherto  been 
accustomed  ? In  our  own  happy  New  England,  where 
piety  is  elevaied  to  its  proper  standard,  and  where  our  in- 
stitutions  are  republican,  nothing  is  more  customary  than 
for  ladies  and  gentlemen  to  ride  when  and  where  they 
choose,  and  no  impropriety  is  attached  to  the  practice. 


36 


TRIAL  OF  MIES  WEBSTER. 


Now.  honered  sir,  1 wish  to  know  whether  there  is  no  rem- 
edy for  such  an  evil  as  I have  been  laboring  under  for  the 
last  two  months.  In  a country  like  ours,  can  we  never 
know  when  we  are  safe  ? 

Must  we  be  continually  liable,  in  an  unsuspecting,  un- 
guarded moment,  to  be  seized,  either  ly,  or  without  law, 
and  deprived  of  liberty,  that  dearest  pledge  of  our  exis- 
fence  ? And  must  we  take  our  last  farthing  honestly  earned 
by  unremitting  toil,  and  then  borrow  from  friends,  (if  so 
fortunate  as  to  have  any,)  all  they  can  reasonably  spare,  to 
defend  our  innocence  ; thus  rendering  ourselves  slaves  for 
years , perhaps  for  life , before  we  can  repay  the  sum  so  kind- 
ly loaned  ? 

And  must  we  quietly  and  tamely  submit  to  all  this, 
without  redress?  My  dear  sir,  if  this  be  law , it  surely  is 
not  justice.  It  is  further  from  it,  than  the  north  pole  from 
the  south,  and  as  much  averse  to  it,  as  are  positive  and 
negative  agents  in  electricty  averse  to  each  other.  If  our 
laws  must  sanction  or  countenance  vice,  tyranny  or  op. 
pression,  in  any  form,  they  most  certainly  need  remodeling, 
fill  Law  and  Justice,  like  twin  sisters  go  hand  in  hand, 
trampling  on  vice  of  every  name,  reigning  thriumphant — 
resplendant  luminaries — stars  of  the  first  magnitude  in  the 
galaxy  of  our  then  thrice  glorious  republic. 

• Yours  very  Respectfully, 

D.  A WEBSTER. 

N.  B.  As  I was  imprisoned  without  law,  I see  not  why, 
Judge  Buckner,  it  is  indispensable  that  I should  go  through 
the  ceremony  of  the  law,  before  lean  be  released.  I have 
delivered  what  funds  I had  into  the  hands  of  my  counsel, 
which  if  my  case  were  dismissed,  wrnuld  bo  returned  me  to 
bear  my  expenses  home.  But  if  I have  their  services  on 
a trial,  1 shall  be  left  pennyless,  and  obliged  to  protract  my 


TRIAL  OF  MISS  WEBSTER. 


37 


stay  till  money  can  be  sent  me,  which  will  make  it  several 
weeks  later  in  the  season  ; of  course  very  unpleasant  trav- 
elling. If  you  will  feel  yourself  interested  in  my  case,  and 
see  if  something  cannot  be  done  in  my  behalf,  you  will 
confer  a favor  for  which  I will  return  you  my  “ warmest 
thanks,  and  still  warmer  gratitude.”  If  nothing  can  be 
done  without  a trial,  your  Honor  will  highly  oblige  me  by 
granting  a trial  as  speedily  as  possible. 

Pardon  me  if  I have  tired  your  patience  with  the  length 
of  my  epistle.  I write  in  bed,  not  yet  being  able  to  sit  up. 

Yours,  &c.  D.  A.  W, 

In  reply  to  the  foregoing  letter  in  which  I asked  either  a 
dismissal  of  the  indictments,  or  a speedy  trial,  the  Judge 
answered  through  my  counsel  “that  it  was  not  in  his  power 
to  dismiss  my  case,  but  he  would  grant  me  a trial  the  fol- 
lowing  day  if  I desired  it.”  Having  previously  heard  that 
the  Comnjonwealth’s  Attorney  was  in  readiness,  and  was 
leaving  it  with  me  to  select  the  day,  I sent  to  apprise  him 
that  the  time  was  fixed,  &c.  When  he  returned  answer, 
tha  the  “could  not  be  ready  before  the  17th  of  December,” 
about  three  weeks  distant.  I was  somewhat  impatient 

4 

with  this  delay,  and  the  Judge  said  he  would  reduce  my 
bonds  if  I wished  to  give  bail.  This  impatience  however, 
was  not  the  result  of  mere  physical  suffering  in  jail.  One 
of  my  attorneys,  Gen.  McCalla,  who  had  been  unremitting 
in  his  kind  attentions,  and  untiring  in  investigating  the 
facts  in  my  case,  must  necessarily  leave  the  following  week, 
to  transact  important  business  in  Washington  city.  And 
tlye  time  of  his  return  being  quite  uncertain,  I felt  anxious 
to  secure  a trial  before  his  departure.  Of  course  I was 
(utterly  unprepared  for  this  defeat  in  my  expectations  ; and 


TRIAL  OF  MISS  WEBSTAR. 


under  these  circumstances  I addressed  the  following  letter 
to  Madison  C.  Johnson,  Esq. 

Lexington  Jail,  Dec.  2nd,  ’44. 

Mr.  Johnson — 

Sir  : After  some  hesitancy  and  at  the  expense  of  much 
natural  pride  of  heart,  and  delicacy  of  feeling,  I take  the 
liberty  to  address  you,  on  a point  of  almost  infinite  impor- 
tance,  both  to  myself  and  friends. 

One  of  my  attorneys,  Gen.  McCalla,  has  retired  from 
my  case,  in  consequence  of  being  obliged  to  leave  for  Wash- 
ington city  ; and  knowing  my  wish  for  a speedy  trial  at 
which  it  would  be  impossible  for  him  to  be  present.  Con- 
sequently, I wish  to  get  some  additional  Counsel  with 
Messrs.  Combs  and  Shy,  and  am  recommended  to  you,  as 
a first-rate  lawyer  of  the  highest  standing  ; and  to  your 
partner  also,  as  a fine  jury-lawyer.  Will  you,  sir,  have  the 
kindness  to  call  and  see  me?  First,  however,  I must  tell 
you,  viy  means  are  Imiled.  But  the  gentleman  who  re- 
com  mends, you,  assures  me  that  the  leant  of  means,  will  not 
prevent  your  appearance.  This , together  with  the  high 
estimation  I had  previously  conceived  of  your  liberality'  of 
sentiment,  encourages  me  to  ask  your  aid,  in  an  hour  when 
fortune  frowns,  and  the  skies  of  adversity  are  black  with 
impending  clouds,  threatening  the  subversion  of  justice  in 
the  case  of  an  inoffensive  and  helpless  captive. 

Instead  of  being  arrested  by  law,  I was  taken  by  strata- 
gem, on  pretence  of  being  detained  but  a few  hours.  Pla- 
cing all  confidence  in  my  deceivers,  I had  not  the  least 
suspicion  of  being  conducted  to  a jail , and  was  subtiJelv 
and  feloniously  decoy?ed  away  from  a large  and  flourishing 
school  to  which  I had  become  ardently  attached— :aw?ay 
from  the  sw'eets  of  liberty,  and  shut  in  here,  for  an  uncer- 


TRIAL  OF  MISS  WEBSTER. 


39 


tain  period,  deprived  of  all  those  hallowed  pleasures  which 
a lover  of  nature  ever  derives  from  beholding  her  charms. 
Yea,  more  ; I am  even  forbidden  a share  in  that  gift,  which 
of  all  others.  Heaven  has  most  bountifully,  and  with  an 
unsparing  hand  bestowed  upon  all  mankind,  — pure  and 
invigorating  atmospheric  air.  Never,  since  the  creation 
of  the  world,  not  even  for  one  moment,  has  He  this  bless- 
ing withheld  from  man.  Nor  is  there  a spot  on  the  face 
of  our  earth,  that  is  not  fanned  by  the  breezes  of  heaven  ; 
which  plainly  indicates  that  God  intended  all  his  crea- 
tures to  share  freely  in  that  gift  so  indispensable  to  health 
and  happiness. 

Here,  too,  the  varied  beauties  of  the  horizon,—  the  blush- 
es of  the  morning,  the  radiant  clouds  of  twilight,  the  rising 
or  the  setting  sun,  never  smile  upon  my  casement. 

I need  not  tax  your  patience  by  enumerating  the  thous- 
and privations  to  which  I am  subjected.  But,  conscious 
of  innocence,  and  with  a heart  free  from  guile,  I take  the 
liberty  to  say,  my  imprisonment  is  an  act  of  cruelty,  m* 
justice,  and  oppression,  without  a parrallel  this  side  the 
broad  Atlantic.  I cannot  comprehend  why  it  is,  I should 
be  so  persecuted  by  this  most  worthy  Commonwealth.  I 
have  done  nothing — I have  said  nothing  to  merit  the  ani- 
mosity or  displeasure  of  this  community,  I do  not  deserve 
to  have  a fellow  being  for  my  enemy.  Friendly  to  all,  I 
have  a right  to  expect  good  feeling  in  return.  But  alas  f 
How  often  in  this  world  are  our  rights  trampled  upon  by  a 
“ little  brief  authority.” 

My  support  and  confidence  is  not  in  the  breath  of  wit- 
nesses, but  in  the  stubbornness  of  Truth.  But  though  mv 
character  is  as  far  above  suspicion  as  the  skies  above  the 
pavement,  I know  too  well  that  innocence  is  often  doomed 
to  suffer;  and  I appeal  to  you,  sir,  for  protection  in  this 


40 


TRIAL  OF  MISS  WEBSTER 


trying  hour.  The  bare  possibility  of  being  consigned  to 
nay  farther  suffering,  is  enough  to  fill  the  mind  with  horror. 
There  is  something  so  forbidding  in  the  idea,  that  my  whole 
soul  shrinks  from  what  seems  too  much  for  feeble  nature 
to  sustain. 

The  present,  sir,  is  a time  of  moment.  A time  of  the 
post  thrilling  interest.  Mg  liberty , (and  no  doubt  my  life) 
Seems  suspended  by  a single  thread.  The  happiness  of  my 
dearly  beloved  friends  is  atstake.  Will  you,  sir,  interpose 
and  save  a fellow  being  from  unmerited  disgrace  and  deg- 
redation.  Please  bear  in  mind  that  I am  .far  from  home 
and  friends — from  my  native  soil — an  unprotected  female 
in  barbarous  hands;  and  for  nine  long  weeks  have  yielded 
in  quiet  submission  to  their  unfeeling  abuse. 

His  Worthy  Dignity,  the  Hon.  A.  H.  Robertson  has 
been  pleased  to  fix  my  trial  on  my  “ birth-day.”  This 
casual  circumstance,  will  render  the  occasion  to  me.  doubly 
interesting.  But  if  I can  have  the  aid  and  protection 
of  yourself  and  partner,  together  with  my  present  much 
esteemed  Counsel,  I shall  consider  myself  highly  favored, 
and  feel,  both  happy  and  secure.  It  is  most  fortunate  in- 
deed for  me,  and  I trust  I am  not  unthankful,  that  my 
cause  is  to  be  judged  by  one  who  is  not  incapable  of  ap- 
preciating its  merits. 

My  heart  is  full,  but  I fear  I have  already  said  too  much. 
I presume  on  vour  kindness  Mr.  Johnson,  to  excuse  this 
intrusion.  Very  Respectfully,  Tiours, 

D.  A.  WEBSTER. 

On  the  reception  of  the  aboye  letter  Mr.  Johnson  return- 
ed answer  that  himself  and  partner  would  most  cheerfully 
appear  in  my  defence.  His  partner,  (Mr.  Robinson,;  how- 
ever, was  prevented  being  present  through  serious  illness,. 


t 


The  assistant  prosecutor  having  expressed  some  dissatis- 
faction with  the  indictments  proffered  against  me,  in  which- 
I was  charged  as  accessory,  a meeting  was  called  to  indict 
me  over  again,  at  which  a new  set  of  indictments  were 
framed,  in  which  I was  presented  as  principal.  The  last 
set  of  Indictments  I have  never  seen.* 

On  the  17th,  my  trial  commenced  at  10  o’clock,  A.  M. 
My  Counsel  were  Messrs.  Combs,  Shy,  & M.  C.  Johnson, 
Esqrs.  Scarcely  was  I seated,  ere  Mr.  Fairbank  was 
brought  into  Court  lo  be  tried  with  me,  I objected  to  this 
move,  fearing  the  prejudice  (hat  existed  against  him  would 
impair  my  case.  Beside  this,  the  testimony  in  his  case 
was  of  an  entirely  different  character  from  that  in  mine. 
And  I feit  that  I would  rather  go  back  into  jail,  and  remain 
there  till  spring,  than  be  tried  in  connection  with  him. 
There  was  gteat  anxieiv  on  the  part  of  the  commonwealth, 
to  try  the  cases  together ; and  alter  argt:ment,  fearing  that 
it  would  be  decided  against  me,  I made  out  an  affidavit, 
stating  my  convictu  n that  I could  not  have  a fair  trial,  &c. 
in  conneciion  with  Mr.  Fairbank,  and  respectfully  asked  a 
separate  hearing.  My  request  was  granted,  and  Mr.  Fair- 
bank  was  remanded  to  jail. 

The  etnpanneling  of  the  Jury  immediately  commenced. 
Twelve  men  were  brought  forward,  and  all  rejected. 
Twelve  more  were  examined  and  rejected,  Olhers  were 


*By  what  process  a revised  set  of  indictments  were  made  out  against 
tee,  was  unknow  n to  me  then,  and  remains  the  same  to  this  day. 


42 


TRIAL  0?  MISS  WEBSTER. 


brought,  and  the  examination  continued  three  hours,  and 
adjourned  at  1 o’clock,  wi  th  only  one  juryman.  At  half 
past  1 P.  M.  we  met  again,  and  the  examination  was  car* 
ried  on  through  the  whole  afternoon;  during  which  time, 
by  being  a little  less  particular,  we  accepted  eleven  more  ; 
and  adjourned  to  10  o’clock  the  following  day. 

The  examination  of  witnesses  now  commenced,  and 
continued  till  night,  with  the  exception  of  half  an  hour  of 
recess  for  dinner.  Next  morning  we  assembled  at  9 o’clock 
and  the  examination  was  carried  on,  together  with  inter- 
mediate  remarks,  till  dark. 

Considerable  portions  of  the  time  each  day  of  my  trial 
were  employed  in  argument  by  Counsel  on  both  sides. 
During  the  proceedings  of  the  Court,  the  Counsel  for  the 
Commonwealth,  had  several  times  urged  as  testimony 
against  me,  certain  papers,  said  to  have  been  found  in  my 
trunks,  and  also,  a letter  found  upon  the  person  of  Mr.  Fail” 
bank  at  the  time  of  his  arrest,  signed  Frater,  supposed  to  be 
written  to  a gentleman  in  Ohio.  These  papers  were  object- 
ed to  by  my  Counsel,  and  the  Judge  ruled  them  out  of  Court, 
until  the  fourth  day,  when  to  our  surprise,  he  admitted  the 
letter  of  Frater  which  follows  the  evidence. 

This  letter  referred  to,  which  had  no  other  signature  but 
that  of  “ Frater, ” and  upon  which  much  has  been  said,  pur- 
ported to  be  written  to  a gentleman  in  Ohio,  and  contained 
an  allusion  to  a “Miss  W.”  I heard  during  my  confinement 
in  jail,  of  the  existence  of  a letter  which  had  been  found  in 
the  possession  of  Mr.  Fairbank,  but  knew  not  its  contents, 
until  a few  days  before  my  trial,  when  Mr.  Shy,  one  of  my 
Counsel  brought  me  a copy  of  it.  Of  its  existance  I re- 
mained ignorant  only  from  mere  heresay  in  jail,  until  the 
time  when  Mr.  Shy  brought  it  me.  The  ground  taken  by 
the  Courts  and  Counsel  for  the  defendant,  was,  that  what- 


TRIAL  OF  MISS  WEBSTER. 


• 43 


ever  the  contents  of  the  letter  might  be,  unless  a prior 
conspiracy  could  be  proved  between  myself  and  Fairbank, 
the  letter  could  not  be  admitted  as  testimony. 

One  of  the  prosecuting  attorneys  urged  the  admission  of 
the  letter,  and  with  much  warmth,  declared  that  unless  it 
were  admitted,  he  could  not  argue  the  case,  as  there  was 
not  ground  for  argument.  Immediately  after  my  trial,  Mr. 
Fairbank  made  affidavit,  that  I was  ignorant  of  the  exist- 
ence and  contents  of  the  letter. 

I here  give  a copy  of  the  indictment  made  out  against 
me  in  the  first  instance,  and  I was  informed  by  my  Coun- 
sel, that  the  only  difference  between  this,  and  the  second 
one,  already  referred  to,  was,  t hat  in  the  last,  I was  indicted 
as  principal,  whereas  in  the  first  I was  an  “accessory.” 

Following  the  indictment  is  all  the  testimony  which  was 
introduced  on  my  trial,  a copy  of  which  ig  now  in  the  pos- 
session  of  Governor  Owsley,  and  was  approved  ofbyth® 
attornies  for  the  Commonwealth,  and  certified  by  Judge 
Buckner. 


IHDICT1M  T, 

Commonwealth  of  Kentucky,  ^ ~ < 
Fayette  County  and  Circuit,  $ 

The  Grand  Jurors  of  the  Commonwealth  of  Kentucky, 
empanneled  and  sworn  to  inquire  in  and  for  the  body  of 
Fayette  County,  in  the  name,  and  by  the  authority  of  the 
commonwealth  of  Kentucky,  upon  their  oaths  present,  that 
on  the  twentieth  day  of  September,  in  the  year  of  our  Lord 
eighteen  hundred  forty  four,  in  the  County  and  Circuit 
aforesaid,  Calvin  Fairbank  late  of  Fayette  County,  laborer, 
one  slave  Lewis  then  and  there  being  the  property  and  in 
the  possession  of  one  Thomas  Grant,  did  wilfully  and  fel- 
oniously entice  and  seduce  to  leave  his  said  owner,  and  to.' 


v 


44  • 


TRIAL  OF  MISS  WEBSTER. 


( 


escape  to  parts  beyond  the  limits  of  this  State,  Viz,  to  Uhio, 
He  the  said  Calvin  then  and  there  having  no  lawful  title 
or  color  of  claim  to  said  Lewis,  contrary  to  the  form  of  the 
statute  in  such  case  made  and  provided,  and  against  the 
peace  and  dignity  of  the  Commonwealth  of  Kentucky. 

And  the  Jurors  aforesaid,  upon  their  oath  aforesaid  do 
further  present,  that  Delia  A.  Webster,  late  of  Fayette 
County,  spinster,  before  the  committing  of  the  felony  afore- 
said, to  wit,  on  the  nineteenth  day  of  September,  in  the 
year  aforesaid,  in  the  County  aforesaid,  did  knowingly  and 
feloniously  incite,  move,  aid,  abet,  counsel,  and  command 
the  said  Calvin  Fairbank  to  do  and  commit  the  felony 
aforesaid,  in  the  manner  and  form  aforesaid,  contrary  to  the 
form  of  the  Statute  in  such  case  made  and  provided,  and 
against  the  peace  and  dignity  of  the  Commonwealth  of 
Kentucky-  ^ A.  H,  ROBERTSON,  C.  A. 

Commonwealth  against  Calvin  Fairbank  and  Delia  A. 
Webster,  inciting  Lewis  to  leave  the  State. 

A True  Bill. 

THOMAS  H.  WATERS,  Foreman. 

Returned  1st  October,  1844. 

Commonwealth  of  Ky.  ) T j-  , . r • T 

vg  > Indictment  f°r  aiding  Lewis 

Delia  A.  Webster,  of  Vt.  j>  t0  esca‘oe'  &c‘ 

EVIDENCE. 

Thos.  Grant — States  that ; Lewis  has  gone  away,  and 
I do  not  recollect  the  day  precisely  that  he  left.  ' Mr.  Bax- 
ter and  myself  own  him.  He  left  on  Saturday  after  the 
races  at  Lexington  ; I have  not  heard  from  him  or  where 
he  is,  sinee  he  left.  I talked  with  Miss  Webster  in  relation 
to  him  and  the  other  negroes,  and  she  denied  that  she  had 
anything  to  do  with  them,  and  said  she  knew  nothing  about 


S 


TRIAL  OF  MISS  WEBSTER. 


45 


thorn  ; I d jn’t  recollect  of  her  admitting  she  had  crossed  the 
river. 

Mr.  Music. — I saw  Fairbank  and  Miss  Webster  at  my 
house  in  Washington,  on  Sunday  night ; they  got  to  my 
house  about  12  o’clock,  and  stayed  until  day,  and  then  let t. 
They  did  not  retire  that  night.  I sat  in  the  room  with 
them  till  morning.  I saw  the  same  hack  going  towards 
Maysville  on  Sunday  ; it  passed  in  the  morning  about  10 
o’clock,  or  in  the  evening  about  3 o’clock — I don’t  recol- 
lect which  ; 1 did  not  see  the  persons  in  the  hack  when  it 
passed  on  Sunday  ; the  day  was  inclement  and  the  curtains 
were  down;  I conversed  with  them  in  relation  to  run- 
away matches  ; the  drift  of  our  conversation  was  about 
marriage.  They  did  not  say  they  were  married,  or  were 
not  married,  but  I inferred  they  were  ; they  did  not  say 
they  had  been  into  Ohio.  One  of  the  horses  on  the  return 
appeared  fatigued,  but  the  other  did  not. 

Mrs.  Glass. — Fairbank  and  Miss  Webster  boarded  at 
my  house  ; she  was  boarding  there  at  the  time  of  her  ar- 
rest ; Fairbank  boarded  there  about  three  weeks  in..all.  1 
don’t  know  that  they  were  acquainted  previous  to  Fair- 
bank’s  coming  there.  I heard  her  say  they  were  not ; but 
that  he  knew  some  of  her  friends  and  relatives.  She  left 
my  house  in  company  with  F.  on  Saturday  evening  and 
said  she  was  going  to  Versailles  and  invited  my  daughter 
to  accompany  her.  She  returned  to  my  house  before  ar- 
rested.  She  told  me  after  her  return,  that  she  had  been 
near  Maysville  ; she  also  said  after  she  got  into  the  hack 
that  Fairbank  requested  her  to  go  with  him  to  assist  a run- 
away match.  They  appeared  to  have  private  chats.  Miss 
Webster  requested  me  to  let  Fairbank  board  at  my  house. 
They  did  not  take  away  any  trunks  from  my  house  ; I did 
not  see  any  negroes  about  my  house  just  before  she  was 


46 


TRIAL  OF  3IISS  WEBSTER. 


arrested  ; her  room  was  not  opened  at  all  during  her  ab‘ 
sence  ; the  letters  were  found  after  her  arrest ; I asked 
her  the  names  of  the  persons  who  went  to  get  married, 
and  she  said  she  was  not  at  liberty  to  tell  ; she  said  when 
she  left,  she  would  be  back  by  8 or  9 o’clock  on  Monday 
morning,  and  requested  me  to  detain  her  pupils  ; I took 
the  letters  from  her  trunk,  but  it  was  not  locked,  the  lid 
was  open.  There  were  two  trunks  taken  away  by  Mr. 
Dowdan  and  others  at  the  same  time  of  her  arrest.  Be- 
fore Miss  Webster’s  return  from  the  ride  I opened  her  door 
with  another  key,  and  myself  and  daughter  went  into  her 
room.  ( Mark  the  contradiction.)  She  did  not  take  walks 
with  Fairbank. 

Mr.  Glass — I saw  Miss  Webster  and  Fairbank  meet 
and  they  met  as  strangers..  He  said  he  wished  to  talk  with 
her  and  they  went  into  another  room  ; I think  a bed  room  ; 
I do  not  think  it  was  the  sitting-room  then  but  it  is  now. 
My  wife  will  know,  and  if  she  says  it  was  the  sitting-room 
(hen  I will  confess  that  I am  mistaken.  I never  saw  Miss 
Webstar  talk  with  or  speak  to  a slave. 

Mrs.  Glass,  (introduced  by  defendant,)  states,  (he  room 
in  which  Miss  Webster  talked  with  Fairbank  was  the  par- 
lor, and  not  a bed-room  ; it  was  the  same  room  in  which 
1 always  receive  company. 

Parker  Craig — Fairbank  hired  a hack  from  me  on  the 
28th  September,  on  Saturday,  and  he  stated  to  me  that  he 
wanted  the  hack  to  go  to  Maysville  ; he  said  a lady  was 
going  in  it  from  Mr.  Grass’  ; on  Monday  Bain  and  myself 
went  to  Paris,  and  we  met  the  hack  a short  distance  the 
other  side  of  Paris  ; I saw  one  of  the  horses  in  the  hack 
was  not  mine ; mine  I understood  from  them  died,  and 
they  promised  to  pay  for  him  ; when  we  got  to  Paris,  1 
asked  Fairbank  why  he  went  off  with  this  lady  to  get  mar- 


TRIAi  OF  MISS  WEBSTER. 


4T 


ried,  and  he  said  he  did  not,  but  went  off  with  two  others 
from  near  Paris ; the  horse  they  had  in  the  hack,  they 
stated  came  from  Washington. 

Patterson  Bain — Harriet  is  the  wife  of  Lewis  and  I 
missed  her  on  Sunday;  I have  not  heard  from  her  since; 
I employed  some  gentlemen,  Mr.  McLaughlin  and  Wood 

A 

to  go  and  look  for  her. 

B.  Wood — I was  employed  to  go  to  Ohio,  and  look  for 
the  slaves  Lewis,  Harriet  and  Jo,  and  saw  nothing  of 
them.  I talked  with  Miss  Webster,  and  she  denied  know* 
ing  anything  about  where,  they  were. 

Postlethwaite — Lewis  was  living  at  Mr.  Brennan’s  at  the 
time  he  left ; he  left  on  Saturday  evening  about  7 o’clock  ; 
Brennan  hired  him  by  the  month,  and  his  time  expired 
the  day  after  he  left;  the  letter  now  shown  to  me  was 
brought  to  the  tavern  to  me  ; I did  not  take  it  from  the 
office  myself.  (Said  letter  now  offered  by  Commonwealth. 
Long  remarks  on  both  sides.  Letter  rejected.) 

fllegowan--]  was  present  when  Fairbank  came  to  jail, 
and  found  a letter  on  his  person,  to  wit:  the  letter  signed 
“ Frater”  &c.  I know  Fairbank’s  hand-writing,  for  I 
have  seen  him  write,  in  jail,  and  I think  this  letter  is  in 
his  hand-writing.  (This  letter  was  objected  to,  and  re- 
jected, after  argument. ) Fairbank  came  in  the  hack  with 
Miss  Webster  ; He  was  taken  out  and  placed  in  the  cell. 

Smith — I delivered  a letter  to  Miss  Webster,  and  think 
this  (Brown’s)  is  the  same  ; I got  the  letter  from  a young 
man  in  Ohio,  in  a book-store,  in  Oberlin.  (Brown’s  letter 
offered  by  Commonwealth,  and  rejected 

Cdons — The  letters  norv  shown  to  me  wer e first  placed 
in  my  hands  by  Mrs.  Glass,  at  her  house ; I saw  Miss 
Webster,  and  she  admitted  the  reception  of  Brown’s  letter, 
and  said  she  intended  showing  it  to  Mrs.  Glass,  but  failed  ; 


48 


TRIAL  OF  MISS  WEBSTER. 


she  denied  having  any  thing  to  do  with  the  escape  of  the 
negroes,  and  also  that  she  knew  any  thing  about  it. — 
(Letters  referred  to  here,  rejected.  Long  remarks  from 
Mr.  Pindle,  on  the  side  of  Commonwealth,  in  favor  of  the 
introduction  of  said  letters.  Still  rejected  ) 

Elden — I saw  a negro  man  take  a negrp  boy  out  of  a 
window  at  Mr.  Bains,  on  the  night  the  negroes  left;  laid 
not  see  any  carriage  at  that  time  about  the  place. 

Tlios.  Gibbons — The  night  the  negroes  were  said  to  have 
left  was  an  inclement  night ; my  daughter  stepped  out  and 
took  toll  from  a carriage  that  passed  through  pretty  fast; 
this  was  about  eight  or  nine  o’clock  at  night;  and  about 
eleven  o’clock  at  night,  1 heard  another  hack  pass  through 
very  fast,  and  this  hack  did  not  stop  to  pay  toll ; 1 thought 
the  last  hack  went  the  fastest. 

Mr.  Warnock — Fairbank  left  two  large  trunks  at  the 
Dudly  House  some  three  or  four  days  before  he  took  them 
away,  and  said  he  thought  he  would  come  and  board  there  ; 
the  trunks  were  taken  away  on  Saturday  afternoon  ; but 
what  hour  I don’t  recollect. 

John  Keiser — I saw  Fairbank  and  Miss  Webster  at  the 
Lunatic  Asylum  on  Saturday  evening  about  6 o’clock;  I 
don’t  know  their  object  of  visit;  there  was  no  baggage  on 
the  hack ; they  stayed  about  half  an  hour  they  knew  no 
one  there  ; there  are  about  180  persons  there. 

P.  Craig — (Called  again  by  Commonwealth  ;)  I know 
the  track  of  my  hack.  I saw  the  track  of  the  hack  at 
Bain’s  and  thought  it  was  mine  ; my  hack  is  new  and  the 
only  new  one  in  town  ; there  are  many  hacks  and  carriages 
in  town  and  also  in  the  country  ; the  races  were  that 
week. 

Jno.  Keiser— (Called  a second  time  by  Commonwealth.) 
Had  talked  with  Miss  Webster  in  jail  and  she  said  there 


TRIAL  OF  JI1SS  WEBSTER. 


49 


were  persons  got  in  the  hack  between  this  place  and  Pa. 
*ris. 

H.  B.  Franklin — States  that  he  was  present  in  jail  when 
Cunningham  was  talking  with  Miss  Webster,  and  heard 
her  say  in  response  to  his  questions,  that  three  persons  got 
into  the  hack  between  this  and  Paris — a man,  woman,  and 
child  ; but  they  were  all  white  persons.  She  also  said  she 
had  left  about  5 o’clock  in  the  evening,  and  intended  to  go 
to  Versailles,  but  changed  her  intention  upon  the  request 
of  Fail-bank.  She  denied  that  any  negroes  were  in  the 
hack,  and  said  they  were  all  white  persons.  She  also  said 
the  hack  was  driving  fast  near  Mayslick,  and  Fairbank 
asked  the  driver  why  he  was  driving  so  fast?  and  Israel 
said  he  was  trying  to  overtake  a buggy  just  before. 

La  daman. — i saw  Miss  Webster  talking  with  my  negro 
.girl  in  relation  to  getting  some  flowers,  and  I was  called 
and  let  her  have  them. 

Mr.  P.  .Bam.-(Called  a second  time  by  Commonwealth) 
and  said  he  saw  a hack-track  near  my  house  on  the  next 
morning.  It  turned  near  my  house,  and  was  tracked,  &c. 

Mr.  McGinnis. — I recollect  selling  to  Miss  Webster, 
some  two  weeks  before  the  arrest,  letter  paper  with  the 
likeness  of  Henry  Clay  upon  it ; but  we  sold  the  same  to 
every  person  that  called  for  it,  strangers  as  well  as  ac- 
quaintances. 

Mrs  Bain. — The  negro  woman  that  left,  had  two  trunks, 
a small  one  and  a large  one  ; and  these  trunks  are  gone. 

Mr  Music. — (Called  a second  time  by  Commonwealth) 
and  states  that  the  ferryman’s  name  was  Helm,  and  the 
subpoena  was  executed,  &c. 

Smedley — States  that  Fairbank  was  at  his  house  some 
fourteen  days  before  he  was  arrested,  and  stayed  a short 
time,  from  12  to  3 o’clock  in  the  day,  and  he  started  to- 
E 


50 


TBIAL  OF  MISS  WEBSTER. 


ward  Maysville,  and  in  a day  or  so  came  back  on  his  way 
toward  Lexington. 

Cunningham,  (introduced  by  defendant,)  etates  that  he 
was  talking  with  Miss  Webster  soon  after  her  arrest,  and 
Mr.  Franklin  was  also  there.  She  denied  that  any  ne- 
groes got  into  the  back.  She  said  she  knew  nothing  of 
their  escaping,  and  if  Fairbank  was  guilty,  he  had  imposed 
upon  her.  She  also  stated  that  she  thought  she  was  go- 
ing to  Versailles,  and  had  been  decoyed  on  by  Fairbank, 
on  missions  of  business  in  preaching,  &c. 

The  above  is  substantially  the  evidence—  a true  copy  of 
which  is  now  on  file  at  the  Secretary  of  State’s  office  at 
Frankfort,  certified  to  be  correct  by  the  the  Judge  of  the 
Fayette  Circuit  Court. 

The  letter  found  on  the  person  of  Fairbank  was  again 
offered  and  pressed  upon  the  Court,  and  the  same  was  ob- 
jected to,  but  the  objection  was  overruled,  and  said  letter 
was  then  read  to  the  Jury. 

The  following  is  a true  copy  of  the  “ Frater”  letter, 
found  on  the  person  of  Fairbank  : 

Lexington,  Sept.  24,  ’44. 

Dear  Sir, — I suppose  the  time  has  now  come,  when  it 
becomes  necessary  for  me  to  call  forth  all  the  useful,  active 
faculties  of  my  scanty  mind.  For  a long  time,  you  know’ 
the  relief  of  some  certain  human  beings  has  rested  upon 
my  mind,  and  while  there, perhaps,  none  the  less  on  your’s 
than  mine ; yet  I now  seem  to  be  placed  in  different  rela- 
tions than  then.  Then  we  were  all  anxious  to  accomplish 
certain  ends,  which  seemed  would  result  in  much  gratifica- 
tion to  one  whom  we  pitied  and  with  w’hom  we  sympathi- 
zed, though  anticipating,  yet  not  assured  of  the  facts  in 
his  case  as  they  are.  You  well  know,  that  I,  before  I left, 


TRIAL  OF  MISS  WEBSTER. 


51 


expressed  some  doubt  ns  to  his  honesty,  inasmuch  as  the 
facts  stood  out  so  plainly  before  us — facts  plain  and  palpa. 
ble  of  the  uncertainty  of  the  state  of  things  as  represented 
by  him.  I am  here,  and  have  been  for  some  time  search- 
ing diligently,  leaving  nothing  undone  that  should  be  done, 
so  far  as  the  success  in  this  case  might  be  concerned. 

I have  been  to  Mr.  Smith,  with  whom  G.  B.  said  he  left 
money,  and  obtained  his  certificate  that  no  money  was  ev- 
er left  with  him  —neither  knows  he  aught  of  any.  Gibson 
said  also  that  he  had  two  hundred  and  eighty  dollars  in  the 
hands  of  his  uncle  Jack  Welch — that  I have  tried  to  get, 
but  I find  it  impossible  to  get  any  there,  because,  in  the 
first  place,  I dare  not  say  to  the  old  lady,  and,  in  the  second 
place,  she  knows  nothing  of  it,  she  says  to  me  ; and  in  the 
third  place,  I cannot  see  the  old  man,  for  he  has  been 
dead  more  than  three  months  ; and  in  the  fourth  place,  and 
the  worsf,  most  hopeless,  most  aggravating,  the  unkindest 
cut  of  all,  he  never  let  him  have  any,  in  mv’opinion.  Not 
the  unkindest  cut  because  I do  not  find  the  money,  but  be. 
cause  he  said  that  I could  find  it,  when  he  knew  full  well 
he  lied. 

Now  here  I am— here  is  his  wife.  I have  spent  my 
money  searching  for  his  and  his  wife.  I am  now  living 
upon  the  money  of  one  Lewis,  whom,  in  consequence  of 
this  failure,  I intend  to  fetch  with  me,  likewise  his  wife 
and  child — a very  active  man,  worth  ten  of  Berry.  Now, 
whether  I shall  bring  his  wife,  is  doubtful.  I have  no  mon- 
ey : Lewis  has  not  much  more  than  enough  to  carry  him 
out  clear.  Although  I have  agreed  upon  the  place  at 
which  to  meet  her,  and  at  what  time,  to  wit,  next  Saturday 
evening  at  some  place,  yet,  after  all,  I know  not  as  we 
shall  be  able  to  fetch  her  out,  for  these  reasons  : First,  no 
money — second,  Lewis’  wife  says  she  dare  not  trust  to 


52 


TRIAL  OF  MISS  WEBSTER. 


such  a set  of  fellows;  for  one  Alfred  has  learned  some-, 
thing  of  it,  and  is  not  very  cautious,  and  she  fears  that  if 
she  comes  away,  Cox,  the  negro-driver,  being  a very  sharp 
man,  will  follow,  and  when  we  come  to  take  her  in,  we 
shall  all  be  taken  in.  Now,  on  the  one  hand,  I'see  the 
anxious  expectations  of  you  all  there — while  that  misera- 
ble rat,  will  be  in  despair.  I look  at  rny  project  as  failed. 

I look  at  their  disappointment,  when  perhaps  they  think  I 
ean  make  money  here,  pick  it  from  the  trees,  or  bring  her 
without  any  money  ; and,  on  the  other,  I see  the  hazard, 
but  no  money.  Now  if  we  fetch  her,  it  will  be  by  jeopar- 
dizing  all  our  liberties,  and  perhaps  our  lives;  for  if  we  are- 
te meet  her  several  miles  from  this  place,  and  if  they  fol- 
low, we  shall  all  be  taken.  We  hate  to  leave  her  behind  : 
we  hate  to  be  endangered  : this  is  true— you  may  give  up 
the  idea  of  Berry’s  wife  ; but  I shall  bring  out  three,  the 
father  and  mother  and  son,  or  I am  a state  prisoner. — 
There  is  the  darkest  cloud  I ever  saw,  rising  higher  and 
nearer,  while  it  seems  to  threaten  me  at  sometimes  with 
utter  destruction,  and  at  others  seeming  quite  pleasant  and 
favorable.  I look  on  my  future  prospects  and  my  duty.  I 
look  at  the  wortl\  of  my  time  and  life.  I look  at  its-worih- 
lesaness  if  caught ; if  killed,  much  more  so.  Friend,  I 
shall  meet  it ! ! Something  will  be  the  result  next  Sabbath  ! 
Seven,  yea,  five  days,  and  I shall  know,  and  you,  as  soon 
as  these  can  reach  you.  Miss  W.  will  not  come  away,  but 
will  come  across  the  river  with  us  then  I shall  have  to 
put  these  on  the  daily  or  underground  line  and  send  them 
on,  till  I go  back  with  Miss  W. 

I must  go  back  with  her,  because  the  people  will  sup- 
pose us  to  have  gone  riding,  or  rather  to  spend  the  Sabbath 
in  another  place,  and  it  would  create  suspicion  if  I were  not 
to  return  with  her-  Then  I shall  have  to  go  to  Cincinnati 


TIUAL  OF  MISS  WEIiSTER. 


53> 

after  the  trunks  which  we  thought  best  to  send  that  way 
by  the  stage,  so  as  to  lighten  our  load.  We  sent  them  by 
Cincinnati,  because  there  is  no  convenient  place  else  to 
which  the  stage  goes  directly,  nor  would  any  other  be  safe. 
If  I come  out  clear  in  this  attempt,  I shall  hinmer  son  nu  as 

soon  as  I can —t 

Now,  Brethren,  while  I write,  I cannot  paint  on  this  pa- 
per the  feelings  of  my  heart  and  the  workings  of  my  mind, 
more  than  to  express  in  manuscript  in  the  English  language 
what  I feel;  but  you  that  have  had  cause  to  feel  in  conse- 
quenee  of  the  dark  forebodings  that  liang  over  your  minds, 
when  intellectually  you  saw  the  cloud  hanging  over  you, 
you  know  how  to  tremble  with  me.  I do  not  tremble  be- 
cause I am  conscious  of  guilt  in  this  ; fori  am  not.  I do 
not  tremble  because  1 have  not  moral  courage.  I do  not 
tremble  because  I cannot  succeed,  if  a possibility  remains, 
for  I can  ; but  I do  tremble  when  I see  man  stand  forth  in 
so  many  bodies  and  physically  defy  God  and  challenge  the 
rescue  of  a soul  from  bondage  upon  the  peril  of  his  life.  I 
think  of  my  long  conviction  of  duty  and  the  probability  of 
being  deprived  the  privilege  of  its  execution,  which  would 
shut  me  out  from  my  earthly  'pleasure  by  exposing  myself 
to  the  barbarous  laws  of  this  State,  or  the  “Lynch  law,” 
which  might  pierce  my  heart  with  a leaden  bullet  and  pros  ■ 
trate  me  in  death.  Either  would  probably  shut  me  out 
from  society  on  earth  for  ten  years,  but  the  latter  forever. 
Sweet  as  life  is,  I wish  not  to  expose  myself  to  death,  when 
the  undertaking  for  which  I expose  myself  is  less  of  value 
than  my  own  life  ; and  if  they  be  more,  I shall  not  be  jus- 
tified in  undertaking  without  the  probability  of  escape.  I 
finally  reduced  it  to  this  proposition  : It  is  my  duty,  not 
forbidden  me,  to  undertake,  when  the  probabilities  of  suc- 
cess and  worth  of  the  enterprize  will  not  overbalance  the 
E* 


i»4 


FEIAL  of  kiss  webstee. 


value  of  me,  or  when  the  probabilities  of  success- and  val- 
ue of  the  enterprize  will  not  outnumber  the  worth  of  my- 
self. I have  been  cautious  in  this  matter.  I am  taking 
up  my  board  with  the  same  family  with  whom  Miss  YY. 
boards,  and  in  whose  house  she  teaches  ; no  such  appre- 
hensions have  as  yet  been  entertained  of  me  or  her.  I 
have  been  taken  up  twice,  but  not  here — once  by  a slave- 
driver  when  I was  making  some  discoveries,  but  I pulled 
the  wool  over  his  eyes  without  telling  a lie  ; and  once  at 
Ripley,  by  the  Abolitionists,  who  suspected  me  as  a spy 
from  Kentucky.  Some  wild  fellows  were  going  to  egg  me, 

but  were  prevented  by  the but  they  will  help 

me  when  they  see  me  come  with  the  trophies  of  victory ; 
so  they  say.  I partially  convinced  them  of  my  honesty.— 
So,  farewll,  brother. 

Your  brother  in  Christ,  and  in  this  cause, 

“FRATER.” 

The  fourth  day,  till  late  in  the  evening,  was  consumed 
with  the  pleas,  which  were  very  able  and  eloquent  on  both 
sides,  and  listened  to  with  much  interest  and  decorum  by 
Judge,  Jury  and  citizens. 

Samuel  Shy,  Esq.,  opened  the  argument  with  an  ad- 
dress, deep,  impressive,  and  full  of  feeling.  Madison  C. 
Johnson,  Esq.,  whose  powers  of  mind  are  of  no  common 
order,  made  the  second,  profound,  disinterested  and  noble 
plea  for  defendant,  followed  by  A.  H.  Robertson,  Esq., 
whose  eloquent  appeal  for  the  Commonwealth,  would  do 
credit  to  the  greatest  talents.  Gen.  Leslie  Combs  next  ad- 
dressed the  Jury.  His  character  as  a true  patriot  and  phi- 
lanthropist  is  too  well  known  to  need  comment.  The  na- 
tural dictates  of  his  superior  mind — the  generous  effusions 
of  his  warm  heart,  aided  by  the  solemnity  of  the  twilight. 
Sour,  seemed  to  open  the  channel  of  feeling,  and  brought 


TRIAL  OF  MISS  •WEBSTER- 


55 


tears  from  the  eyes  of  many  of  his  auditors.  The  exerci- 
ses of  the  day  closed  with  a glowing  speech  from  Richard 
Pindell,  Esq.,  who  contended  so  ably  for  Kentucky,  that  I 
could  hardly  suppress  the  rising  wish  that  he,  too,  had  been 
employed  for  defendant.  Mr.  Pindell  is  a gentleman  of 
influence,  and  well  skilled  inlaw;  and  all  present,  must 
have  seen  the  power  of  his  oratory  over  the  Judge  and  Ju- 
ry. His  every  breath  seemed  to  inspire  them  with  his  own 
sedulous  care  for  the  safety  of  the  Commonwealth. 

The  case  was  now  given  to  the  Jury,  who  retired,  taking 
the  “ Frater ’ letter  with  them,  which  letter  the  Court  ex- 
pressly instructed  them  they  were  to  pay  no  attention  to, 
unless  they  should  previously  decide  from  the  testimony  of 
witnesses,  that  there  was  a conspiracy  between  Miss  Web- 
ster and  Fairbank ; as  there  was  no  law  which  would  per- 
init  a letter  found  on  the  person  of  Fairbank,  and  supposed 
to  be  written  by  him  to  a third  person,  to  be  introduced  as 
evidence  against  me,  unless  it  could  be  shown  that  I had 
dictated  or  sanctioned  said  letter.  The  Jury  now  retired, 
but  soon  returned,  requesting  a longer  time  for  delibera- 
tion. And  the  Court  adjourned  till  9 or  10  o’clock  the  next 
day;  when  the  Jury,  after  having  remained  together  all 
night,  returned,  with  the  question,  “ whether  they  could 
render  a verdict,  when  the  time  specifying  the  offence 
in  the  indictment,  was  some  eight  or  nine  days  prior  to 
the  commission  of  the  felony?”  This  point  was  ruled 
against  me;  and  the  Jury  once  more  retired.  Before  long 
they  returned  with  a verdict  of  “ guiltv”—  fixing  my  time 
at  two  years  in  the  Penitentiary  ; at  the  same  time  pre- 
senting me  a letter  written  in  the  Jury-room,  and  signed 
by  the  twelve  Jurors,  addressed  to  His  Excellency  William 
Owslv,  praying  him  to  interpose  his  executive  power  in 


56 


TRIAL  OF  MISS  WEBSTER 


my  behalf,  and  grant  an  immediate  pardon,  before  the  sen. 
tence  should  be  pronounced.* 

I of  course  was  not  pleased  with  the  verdict,  as  may  be 
seen  by  the  following  extract  from  a letter  to  one  of  my 
attorneys : 

“ The  more  I dwell  upon  that  inhuman  and  unjust  ver- 
dict, the  more  unreconciled  I am.  You  well  know  before 
my  trial,  I had  no  concern.  1 was  opposed,  to  giving  bail, 
and  anxious  to  await  the  extreme  justice  of  the  law.  I felt 
sure  that  I could  bear  anything  that  a Jury  of  twelve  re- 
spectable Kentuckians  could  bring  against  me.  I was  anx- 
ious  to  hasten  the  trial,  and  felt  perfectly  w'illing  to  throw 
myself  into  their  hands,  fearless  of  the  issue.  But  alas  f 
how  am  I deceived  ! I was  so  sanguine,  so  confident  of  an 
acquittal,  that  I find  I was  wholly  unprepared  for  the  hor- 
rors of  their  cruel  verdict.  I will  not  attempt  to  clothe  in 
language,  my  agony  of  soul.  It  mocks  description.  Had 
it  fallen  like  a death-knell  on  my  ear,  I could  have  borne 
it.  But  no  ! It  was  the  knell  of  departed  Liberty.  Strong 
and  varied  emotions  conspire  to  swell  my  heart  with  grief 
and  indignation.  I have  tried  in  vain  to  compose  my  feel- 
ings. Perhaps  you  will  say  I ought  to  be  more  resigned  to 
my  lot;  but,  sir,  if  I ought,  I am  not.  I find  from  bitter 


* I,  Benajah  Webster,  father  of  Delia  A.  Webster,  do  hereby  state, 
that  during  the  trial  of  my  daughter,  the  Jurymen  who  were  trying  the 
case,  or  the  principal  portion  of  them,  boarded  at  the  Megowan  Ho* 
tel,  where  l was  myself  boarding  at  the  time.  And  that  during  the 
pendency  of  the  trial,  and  even  after  the  ease  was  given  them,  they 
were  in  the  house  mixing  with  the  company  indiscriminately,  as  far  as 
I could  discover,  and  took  their  meals  at  the  public  tables  as  other 
boarders  did  ; there  being  about  one  hundred  regular  boarders  in  the 
bouse.  This,  to  me,  appeared  the  more  extraordinary,  contrasted  with 
the  strictness  of  law  and  usage  of  Courts  in  my  own  State,  even  whea 
mere  property  questions  are  litigated.  The  public  will  judge  of  the 
ground  for  alarm  I felt  at  this,  to  me,  unheard-of  procedure. 

B.  WEBSTER. 

Kerrisburgh,  Addison  Co.  Vt.,  April  9, 1845. 


TRIAL  OF  KISS  WEBSTER. 


57 


experience,  it  is  much  easier  to  talk  about  resignation,  than 
at  all  times  to  possess  that  meek  and  submissive  spirit. 

“Did  I believe  (as  perhaps  many  do)  that  it  was  an  un- 
changing  decree  of  an  Overruling  Providence, — the  good 
will  and  pleasure  of  a Gracious  God,  that  I should  be  ban- 
ished  from  the  world — discarded  from  human  society, 
thrown  among  fiends  (fit  residents  only  for  the  regions  of 
darkness)  and  my  name  consigned  to  endless  infamy, — if 
1 believed  this,  though  I might  not  feel  resigned , I at  least 
would  not  complaii.  But,  sir,  I believe  no  such  thing.  1 
cannot  think  a just  God,  who  knows  my  heart — who  pene- 
trates the  inmost  recesses  of  my  soul,  and  reads  all  my 
thoughts, — who  scans,  with  an  impartial  eye,  the  minutest 
actions  of  my  life,  and  notices  even  the  fall  of  a sparrow, 
can  look  unmoved  upon  these  proceedings.  I believe  Die 
frown  is  upon  this  verdict. 

‘‘  For  three  long  months  I have  been  confined  in  jail  to 
await,  not  the  justice  of  the  law,  but  a sentence  to  the  pen- 
itentiary,— not  to  be  proven  guilty,  and  convicted  upon  ev- 
idence, but  to  be  tossed  about  upon  the  prejudices  of  an  ex- 
cited community  and  misguided  Commonwealth.  * * * 

“ Now,  sir,  has  all  been  done  that  can  be  done  ? Must  I 
be  driven  to  that  last,  most  mortifying  resort  of  all,  to  ask 
a pardon  of  the  Governor  for  an  offence  which  I never 
committed?  I owe  my  warmest  thanks  to  that  highly  re- 
spected jury  for  their  own  voluntary  appeal  to  his  Excel- 
lency in  my  behalf ; but  is  this  the  only  alternative  ? And 
are  you  willing  to  admit  that  our  laws  are  so  defective  that 
while  they  punish  the  guilty  they  have  not  the  power  to 
acquit  the  innocent  ? But  enough.  You  ask  if  I am  recon- 
ciled ? I answer,  iVo  ! but  the  verdict  is  rendered,  and 
with  the  most  implicit  confidence  I throw  myself  into  the 
hands  of  my  Counsel,  nor  shall  a murmur  escape  my  lips. 


50 


TRIAL  Oy  MISS  WEBSTZR. 


Cease  to  do,  or  continue  to  act,  as  you  shall  deem  most  fit 
at  this  awful  crisis.  But  whatever  course  your  judgment 
dictates,  remember  you  are  engaged  in  a worthy  cause. — 
You  are  defending  one  who  aims  to  regulate  her  whole  con- 
duct, — her  heart — her  affections — and  her  sympathies,  by 
the  laws  of  God  and  humanity, — and  who  has  never  viola* 
ted  the  laws  of  her  country. 

“ With  the  highest  respect, 

“Your  afflicted  Client.1* 

Having  been  tried  on  only  one  indictment,  I thought  it 
would  be  hard  indeed,  after  spending  two  years  in  the  pen- 
itentiary, to  be  brought  out  then,  and  tried  on  the  other  in* 
dictmenfs,  at  which  time  my  witnesses  might  be  in  foreign 
lands,  if  not  in  the  world  of  spirits.  I therefore  determin* 
ed  to  move  for  a new  trial  ; for  I had  no  idea  of  petitioning 
for  a pardon,  and  was  strongly  opposed  to  the  letter  of  the 
Jury  being  sent  to  the  Governor.  But  my  father  and  my 
Counsel  thought  it  more  advisable  to  forward  the  letter  of 
the  Jurors  to  his  Excellency,  together  with  the  evidence, 
and  desire  him  to  examine  the  law  on  some  controverted 
points,  particularly  in  reference  to  the  introduction  of  the 
“ Prater”  letter.  I at  last  yielded  ; and,  after  much  per- 
suasion, consented  to  enclose  my  petition  with  the  testi- 
mony, together  with  letters  from  my  Counsel,  the  Jury, 
Hon.  Henry  Clay,  and  Doct.  Fishback,  praying  an  imme- 
diate pardon.  Some  few  other  letters  in  reference  to  char- 
acter,  &c.,  from  Gov.  Slade  and  Hon.  Samuel  S.  Phelps, 
were  also  taken  to  his  Excellency.  This  work  is  quite  too 
limited  to  admit  of  giving  the  letters  of  all  these  gentle- 
men, and  1 will  only  append  my  own,  of  which  the  fol* 
lowing  is  a copy,  verbatim  • 


TRIAL  OF  MISS  W2BSTER, 


59 


To  His  Excellency,  William  Owsley, 

Governor  of  the  Slate  of  Kentucky : 

Your  petitioner,  Delia  A.  Webster,  would  represent,  that 
she  has  been  indicted  in  the  County  of  Fayette,  for  aiding 
negroes  to  escape  to  Ohio,  and  has  been  tried  and  found 
guilty  ; and  her  punishment  fixed  at  two  years  in  the  pen- 
itentiary of  your  State.  Although  it  is  humiliating  an-d 
mortifying  in  the  highest  degree  to  the  feelings  of  your 
petitioner  to  have  such  a verdict  rendered  against  her,  and 
much  more  so  for  her  to  be  compelled  to  ask  a pardon, 
for  an  offence  of  which  she  is  not  guilty,  yet  not  withstand- 
ing  her  feelings  revolt  in  asking  a pardon,  she  supposes 
she  must,  from  necessity,  ask  it.  Therefore,  will  you  look 
at  the  evidence  in  her  case,  and  extend  to  her  such  clem- 
ency as  her  case  will  justify,  and  her  condition  and  sex 
merit.  Let  your  petitioner  add  that  she  is  not  guilty  of  the 
crime  imputed  to  her,  yet  if  still  she  is  to  be  condemned, 
she  has  a clear  and  easy  conscience. 

DELIA  A.  WEBSTER. 

The  same  morning,  a remonstranne  was  taken  to  him, 
signed  by  one  hundred  and  twenty  citizens.  The  follow- 
ing is  a copy : 

“ REMONSTRANCE. 

“ We,  the  undersigned,  citizens  of  Fayette  County,  hav«> 
ing  learned  that  an  application  has  been  made  to  the  Gov- 
ernor to  pardon  Delia  A.  Webster,  lately  convicted  on  a 
charge  of  having  aided  slaves  to  escape  to  Ohio,  beg  leave 
respectfully  to  remonstrate  against  a pardon  ; and  hereby 
express  to  the  Governor  our  conviction  that  the  law  should 
be  permitted,  in  this  case,  to  take  its  regular  course.” 

Whether  the  Governor  expressed  any  particular  reason 
for  withholding  a pardon,  I have  never  learned  ; but  he  is 


*60 


TRIAL  GF  MISS  WEBSTER. 


a very  discreet  and  prudent  man,  and  I suppose  thought  it 
would  neither  be  safe  or  judicious  to  act  hastily  on  a sub' 
ject  that  was  said  to  be  of  so  great  importance  to  the  best 
interests  of  the  Commonwealth— particularly  in  a time  of 
unparalleled  public  excitement.  I was  informed  that  he 
•refused  to  examine  the  law  points  on  the  admissibility  of 
evidence,  lest  he  should  be  thought  interfering  with  the  ju- 
diciary. 

It  was  now  time  to  move  for  a new  trial ; and  my  Coun- 
sel sent  for  the  affidavits  of  competent  witnesses,  some  of 
•which,  together  with  my  own,  I now  lay  before  the  public. 

GROUNDS  FOR  A NEW  TRIAL. 

Commonwealth  vs.  D.  A.  Webster. 

The  Defendant  asks  for  a New  Trial  on  the  following 
grounds,  to  wit  : 

1st.  Surprise,  as  set  forth  in  Affidavit. 

2d.  The  Verdict  is  contrary  to  Law  and  Evidence. 

3d.  The  discovery  of  new  and  important  Testimony. 

4th.  The  Court  misinstructed  the  Jury. 

5th.  The  Court  permitted  improper  Evidence  to  go  to 
4ho  Jury.  COMBS  & SHY,  &c.,  for  Deft. 

A true  copy.  Attest,  THO.  S.  REDD. 

Delia  A.  Weister  affirms  that  she  desired  her  Counsel  to 
introduce  Calvin  Fairbank  as  a witness  in  her  behalf,  and 
her  Counsel  refused  on  the  ground  that  said  Fairbank  might 
possibly  deny  writing  the  letter  found  upon  his  person  ; and 
he  said  if  he  did  deny  it,  then  it  would  cause  the  introduc- 
tion of  various  witnesses  tending  to  show  that  he  did  write 
it  $ and  then  the  case  of  your  affiant  would  be  made  more 
desperate  than  what  it  was.  She  thought,  and  always  be- 


TRIAL  OF  MISS  WEBSTER. 


81 


neved,  (hut  Fairbank  was  not  the  real  author  ot  (he  letter  ; 
and  if  he  was  the  author  of  if,  she  wished  him  to  explain 
how  it  was  and  why  it  was  he  had  used  the  initial  of  the 
name  of  your  affiant  in  said  letter,  as  it  was  used.  It 
was  used  without  her  knowledge,  and  the  author  of  it 
will  be  compelled  to  swear  it,  let  him  be  who  he  may. — 
True  she  never  believed  Fairbank  was  the  author  of  it,  yet 
if  he  was,  she  knows  he  can  explain  it,  and  that  explanation 
she  wants  upon  her  trial  ; whichv.itl  be  that  she  knew 
nothing  about  it.  She  can  also  prove  Ly  John  Mi  chell, 
James  Marvin,  and  Joseph  B.  Stayton,  the  facts  asset 
forth  in  their  respective  affidavits,  and  all  of  which  she  con- 
siders of  importance  in  her  case.  These  persons  reside  in 
Ohio,  but  she  understands  from  her  father  they  are  willing 
to  come  and  testify.  ‘When  she  came  to  Court  for  trial, 
she  inquired  of  Sami.  Shy, her  Counsel, if  the  ferryman  was 
in  attendance,  and  he  answered  he  was  not-  She  then  told 
h'm  the  ferryman  ought  to  be  here,  for  she  verily  believed 
(notwithstanding  the  rumors  she*had  heard  that  he  had  said 
he  would  go  two  hundred  miles  to  witness  against  her,  and 
that  she  herself  got  out  of  the  hack  at  the  ferry,  and  offered 
$5,00  to  betaken  across,  &c.  &c.)  notwithstanding  these 
reports,  she  felt  quite  confident  that  he  would  testify,  if 
here,  to  (he  facts  as  they  really  existed.  Mr.  Shy  replied, 
that  he  understood  the  ferryman  was  expected  to  arrive  du- 
ring the  trial,  and  she  then  went  to  trial,  and  he  never 
came.  The  witness  John  Mitchell  she  did  not  know  of 
until  his  affidavit  was  procured,  although  she  knew  the 
tacts  exist  as  stated  by  him  and  she  expected  to  prove  sub- 
stantially the  same  by  the  ferryman.  She  intends  to  use 
Fairbank  as  a witness  and  the  above  facts  when  sworn  to 
by  said  witnesses  will  give  force  and  effect  to  the  evi- 
dence  of  Fairbank.  She  also  states  that  she  lay  sick 
F 


I 


62 


TEIAL  OF  HISS  WEBSTEH. 


in  bed  daring  a great  part  of  her  confinem  cnt,  and  thought 
it  very  doubtful  whether  she  would  live  to  see  the 
day  of  her  trial  and  during  that  time  she  made  no  disclo. 
sures  to  her  Counsel  of  the  facts  in  her  case,  and  it  was  not 
until  some  few  days  before  her  trial,  that  she  told  him 
much  in  relation  to  it.  It  was  then  too  late  to  solicit  wit- 
nesses to  come  from  Ohio  and  sho  could  not  at  the  time 
conceive  of  their  importance  tho’  she  sees  the  importance 
of  them  now.  She  always  told  her  Counsel  that  she  was 
ready  for  trial  and  when  she  saw  him  hesitate,  she  thought 
it  strange  and  said  she  could  not  comprehend  how  in  any 
way  she  could  be  in  danger  for  she  knew  no  one  could  pos- 
sibly be  procured  who  would  swear  that  any  negroes  went 
in  the  hack  with  her  or  that  she  knew  anything  about  them 
or  was  in  any  way  or  manner  implicated  in  their  escape 
unless  they  swore  falsely.  She  said  our  laws  did  not  re- 
quire the  innocent  to  suffer,  and  conscious  of  innocence  she 
could  not  conceive  it  possible  when  regularly  tried  to  he 
found  guilty.  ’Tis  true  she  had  often  heard  of  the  innocent 
being  punished  while  the  guilty  went  free,  but  she  did  not 
know  that  it  was  according  to  law.  And  thus  she  went  to 
trial  without  any  witnessess  and  without  knowing  what 
would  be  proved  against  her.  She  states  that  there  was 
no  examining  Court  in  her  case,  hut  that  she  was  lodged 
in  Jail  and  then  secretly  indicted  by  the  Grand  Jury  and 
she  thus  she  had  no  means  ofjudging  what  evidence  would 
be  introduced  against  her  and  could  not  of  course  tell  the 
importance  of  the  evidence  she  now  wishes  to  introduce. 
It  is  proper  here  to  remark  that  she  had  never  seen  or  read 
the  Indictments  against  her  hut  she  did  see  and  read  a 
copy  of  the  first  set  offjindictments  and  her  Attorney  told 
her  the  last  were  much  like  the  first  except  she  was  indict- 
ed as  Principal,  and  these  Indictments  were  the  only  means 


TRIAL  of  MISS  WEBSTER, 


63 


she  had  of  judging  what  the  Commonwealth  wished  to 
prove,  which  so  far  as  touched  the  acts  of  your  affiant  she 
felt  confident  could  not  be  proved  and  they  were  not.  Cut 
a variety  of  circumstances  were,  and  now  she,  for  the  first 
time  sees  the  importance  of  explaining  said  circumstantial 
evidence.  She  conceives  that  the  conversations  which 
were  used  against  her  were  not  obtained  from  her  Fairly, 
and  they  were  obtained  from  her  in  consequence  of  her 
ignorance.  Wheu  first  arrested,  she  was  laboring  under 
the  belief  that  she  was  bound  to  answer  all  questions  that 
were  asked  her,  and  for  a few  days,  she  thus  answered  free- 
ly, and  did  not  know  better,  until  Judge  Davis  very  kindly 
informed  her  she  was  not  bound  to  answer  any  question. 
She  then  saw  the  error  she  had  got  into,  and  the  danger 
she  was  in  ; some  of  which  conversations  she  is  sorry  to 
say,  have  been  misconceived  to  her  injury.  She  is  also 
sorry  to  say  that  the  law  permitted  so  many  persons  to  come 
and  question  her  out  of  mere  curosity. 

The  prisoner  she  conceives  ought  to  have  been  protected 
from  those  unnecessary  visitors  ; and  if  she  had  been,  she 
feels  quite  certain  the  verdict  of  the  Jury  would  have  been 
otherwise. 

She  conceives  that  under  all  these  circumstances  she 
has  not  had  a fair  chance  for  her  liberty  ; and  therefore 
in  a most  humble  manner  asks  for  a new  trial.  She  does 
not  intend  by  this  affidavit  to  reflect  in  the  least  degree 
upon  the  Jailer  ; but  she  regrets,  that  he  did  not  stop  those 
crowds  of  persons  who  came  without  business  to  hear 
what  they  co^ild  hear  and  misconstrue  when  they  came  to 
testify.  All  this  can  be  remedied  by  a new  trial  at  which 
vour  affiant  can  take  the  onus  probandi  and  shew  her  in- 
nocence. 

The  hack  also  stopped  at  Millersburg,  and  the  tavern 


04 


TBIAL  02?  MX3S  WEBSTER. 


keeper  there  invited  the  persons  within  to  get  out,  and  she 
wishes  to  have  him  examined,  for  she  recollects  he  brought 
to  the  carriage  a pitcher  of  water,  and  she  is  inclined  to 
the  belief  he  can  state  some  facts  of  importance  to  her. 
She  also  wishes  to  examine  a toll-gate  keeper  this  side 
Blue  Licks,  who  demanded  double  toll  of  her  hack  on  its 
return,  and  when  explained  to  him  to  whom  toll  was  paid 
by  said  hack  as  it  passed  toward  Maysville,  he  then  recol- 
lected the  payment,  and  said  there  was  another  carriage 
that  passed  through  rapidly  without  paying  toll  on  Satur- 
day night  28th  Sept.  1844.  Bis  name  she  does  not  know 
but  it  can  be  easily  be  procured.  She  also  wishes  to  exam- 
ine a toll-gate  keeper  this  side  of  Washington,  who  stated 
on  her  return  the  facts  of  the  negroes  having  made  their 
escape,  and  he  also  had  a handbill,  as  well  as  she  can  recol- 
lect ; and  he  said  the  negroes  took  to  the  dirt  road  that  led 
to  the  Ohio  River  left  of  Washington.  She  states  that  her 
Father  is  here,  and  will  aid  her  in  getting  the  above  wit- 
nesses, and  others  that  he  may  find  important  to  her  in 
Ohio  ; and  with  his  influence  and  means  can  get  them  to 
attend  Court  in  March.  She  states  that  she  did  not  get 
the  affidavits  of  the  tavern-keeper  at  Millersburg,  and  the 
toll-gate  keepers  alluded  to  in  this  affidavit,  and  also  of 
some  of  the  persons  on  the  other  side  of  the  Ohio  River 
near  Aberdeen  for  the  reasons  a3  follows.  Her  father  went 
in  the  stage  to  Maysville,  and  could  not  conveniently  stop 
at  the  various  places ; and  when  he  got  on  the  other  side 
of  the  river,  he  took  the  wrong  road,  and  thus  missed  the 
place  where  they  changed  horses  ; and  she  has  not  had  time 
to  procure  any  of  them  since  his  return,  which  was  on 
Wednesday  night  last.  She  would  also  state  that  she  was 
surprised  in  the  Court  permitting  the  letter  found  upon  the 
person  of  Fairbank  to  go  to  the  Jury  as  evidence  against 


TRIAL  OF  MISS  WEBSTER. 


65 


her ; for  she  inquired  of  Sam’l  Shy  a few  days  before  her 
trial  if  said  letter  could  bo  used  against  her,  and  he  said 
he  thought  not  unless  the  Commonwealth  could  prove  that 
your  affiant  knows  something  about  it,  and  had  sanctioned 
it  in  some  way,  which  she  knew  could  not  be  done,  for  the 
first  time  she  knew  anything  about  said  letter  or  its  con- 
tents, was  when  said  Sam’l  Shy  read  a copy  of  the  same  to 
your  affiant. 

Affirmed  by  DELIA  A.  WEBSTER. 

Fayette  Circuit  Court,  Jan.  4th,  1845. 

Samuel  Shy  states  that  the  affidavit  of  Miss  Webster  so 
far  as  it  speaks  of  facts  in  relation  to  himeelf  is  set  forth 
correctly.  He  saw  Fairbank  after  he  was  appointed  his 
Attorney,  and  learned  from  him  for  the  first  time  a satis, 
factory  explanation  in  relation  to  the  Utter  found  upon  his 
person  ; and  he  then  saw  the  importance  of  his  evidence 
in  the  case  of  Miss  Webster.  This  was  on  Saturday  and 
Sunday  next,  just  after  the  trial  of  Miss  Webster,  and  Fair- 
bank  said  he  was  willing  to  testify. 

Sworn  to  by  Samuel  Shy. 

TO OS.  S.  REDD,  Clerk. 

A true  copy.  Attest.  Thos.  S.  Redd,  Clerk. 

Fayette  County  Court,  January  4th,  1845. 

Aberdeen,  December  31st.,  1845. 

I James  Marvin  of  lawful  age  do  testify  and  say  that  I 
am  running  a ferry-boat  across  the  Ohio  River  from  Aber- 
deen to  Maysville  for  James  Helm,  and  have  been  for  sev- 
eral years  ; and  that  sometime,  as  I believe,  in  the  month 
of  September  last,  near  the  20th,  and,  I think  at  any  rate 
it  was  on  the  Sabbath  day,  I ferried  a hack  drawn  by  two 
horses  across  the  river,  for  a man  that  I afterwards  learned 
to  be  a Mr.  Fairbank,  who,  1 understand  was  arrested  and 
F* 


66 


TKIAL  OF  MISS  WEBSTER. 


committed  for  conveying  negroes  from  Lexington  to  Ohio. 
I noticed  the  hack  and  looked  into  it,  and  saw  no  persons 
therein  but  white  persons,  nor  abou  t the  carriage  but  while 
persons,  except  the  driver,  and  he  was  a colored  man  ; and 
as  to  to  tne  lime  of  the  day  I think  it  was  between  10  and 
12  o’clock. 

JAMES  MARVIN. 

Sworn  and  subscribed  to  on  the  31st  December  3 844, 
before  me,  Thomas  Shelton,  one  of  the  Justices  of  the 
Peace  in  and  for  the  County  of  Brown  and  State  of  Ohio. 

A true  copy.  Attest.  THOS.  S.  REDD,  Clerk. 

Aberdeen,  December  31st,  1844. 

I,  Joseph  Station,  of  lawful  age  do  testify  and  say  that 
I am  running  a ferry  boat  across  the  river  from  Aberdeen 
to  Maysville  for  Mr.  Helm,  and  have  been  the  whole  of 
the  season  past;  and  that  sometime  in  the  month  of  Sep' 
tember  last  (I  think  near  the  20th,  but  at  any  rate  on  the 
Sabbath  day,)  I carried  a hack  drawn  by  two  horses  across 
the  river  for  a man  that  I afterward  learned  to  be  a Mr. 
Fairbank,  who  I understood  was  arrested  and  commitled 
for  conveying  negroes  from  Lexington  to  Ohio.  I noticed 
the  hack  and  saw  no  persons  therein  but  white  persons,  nor 
about  the  carriage  but  the  driver,  and  he  was  black.  The 
door  was  open  and  one  man  got  out  as  soon  as  the  hack 
came  on  board  ; and  did  not  get  in  until  we  had  got  across 
the  river. 

JOSEPH  H.  STAYTON. 

Sworn  and  subscribed  to  before  mo  this  31st  day  of  De? 
cember,  1844.  Thos,  Shlton. 

One  of  the  Justices  of  tho  Peace  for  Brown  Co.,  Ohio. 

A true  Copy. 

Attest.  THOS,.  S.  REDD,  Clerk. 


TRIAL  OF  MISS  WEBSTER. 


67 


State  of  Ohio, 

Brown  County, 

Before  me  one  of  the  Justices  of  the  Peace  in  and  for 
the  County  aforesaid  personally  came  John  Mitchell  of 
lawful  age  who  being  first  duly  sworn  according  to  law, 
deposeth  and  saith, 

That,  as  near  as  he  can  recollect,  on  a Sabbath  day  last 
September,  somewhere  on  or  near  the  20th  of  the  month, 
I crossed  on.  the  ferry  boat  at  the  same  time  a certain 
carriage  crossed  drawn  by  two  horses  ; and  as  soon  as 
the  carriage  came  on  the  boat  on  the  Kentucky  side  the 
door  of  the  carriage  was  opened  and  stood  open  some  time, 
and  a man  got  out  the  door  ; and  that  he  saw  no  person  of 
color  but  the  driver.  And  this  deponent  further  saith  he 
thinks  there  were  two  trunks  on  the  hind  part  of  the  car- 
riage,  and  thinks  on  one  of  the  trunks  there  were  three  let- 
ters ; and  also  states  it  was  a cool  morning,  and  the  man 
walked  up  to  the  top  of  the  bank,  and  then  got  in  the  car- 
riage, and  further  this  deponent  saith  not. 

JOHN  MITCHELL. 

Sworn  and  subscribed  to  before  me  this  31st  of  Dec.  1844 

Thomas  Shelton,  J.  P. 

A Copy,  Attest,  THOS.  S,  REDD. 

EXTRACT  FROM  THE  SECOND  AFFIDAVIT  OF 
CALVIN  FAIRBANK. 

“Calvin  Fairbank  states  upon  oath  that  on  the  28th  day 
of  Sept.  1844,  he  procured,  and  hired  a hack  from  Parker 
Craig,  and  just  before  5 o’clock  on  the  afternoon  of  that 
day.  Miss  Delia  A.  Webster  and  himself  got  into  said  hack 
at  the  residence  of  Mr.  Glass  went  to  the  “Dudley  House,” 
took  on  two  trunks  and  then  proceeded  to  the  Lunatic 
Asylum  ; after  which  we  returned  to  the  city,  and  thence 
went  on  the  pike  leading. to  Maysville. 


68 


TRIAL  OF  MISS  WEBSTER. 


‘■Some  week  or  ten  days  previous  to  this  trip,  I spoke  to 
Miss  Webster  in  relation  to  it,  but  she  then  declined  going, 
saying  it  was  not  consistent  for  her  to  leave  her  school. 
There  was  some  talk  both  before  and  after  this  about  a 
trip  to  Versailles,  and  we  expected  to  go  there,  and  also 
expected  some  other  members  of  the  family  would  accom- 
pany us ; but  when  the  appointed  day  arrived,  it  being 
unpleasant,  others  relinquished  the  idea  of  going,  and  Miss 
W.  herself  was  about  dissenting,  when,  being  encouraged 
by  the  family,  as  the  hack  was  already  hired,  she  reluc- 
tantly set  out.  Immediately  on  getting  into  the  hack,  I 
proposed  to  her  as  we  had  been  disappointed  in  our  com- 
pany to  Versailles,  that  we  should  defer  that  trip  to  ano- 
ther  day,  and  go  a part,  if  not  all  the  wTay  to  Maysville,  as 
I had  some  business  with  members  of  the  Conference  living 
in  that  direction,  &c.  &c.  She  at  first  did  not  seem  in- 
clined, but  after  a moment’s  hesitatation  said,  she  could 
not  consent  to  go  all  of  the  way,  lest  she  would  not  be  able 
to  return  by  nine  on  Monday  morning,  but  she  would  go 
as  far  as  consistent.  I did  not  oblige  her  to  go  against  her 
own  will.  She  yielded  her  wishes  to  mine,  and  appeared 
cheerful  in  giving  her  assent,  though  I knew  it  w-as  with  a 
good  degree  of  reluctance.  She  insisted  on  returning  by 
nine  o’clock  on  Monday  morning,  and  I admit  that  it  was 
wrong  in  me,  to  take  her  so  far  that  she  could  not  possibly 
get  back  to  meet  her  engagements. 

‘‘She  seemed  somewhat  disaffected, — expressed  regret 
at  leaving  home, and  manifested  much  impatience  to  return; 
and  if  I recollect  right,  she  two  or  three  times  spoke  of  re- 
timing in  the  stage.  And  I do  know,  to  a positive  certainty, 
that  MissWebster  is  innocent  of  aiding  and  assisting  Lewis, 
wife  and  child  to  escape.” 

Sworn  to  by  Cx\LVlN  FAIRBANKS. 
Attest,  THOS.  S.  REDD,  Clerk. 
Fayette  Circuit  Court,  Dec.  ^3,  1844. 


TRIAL  OF  MISS  WEBSTER. 


69 


As  tending  to  corroborate  several  facts  mentioned  in  the 
course  of  my  narrative,  I here  append'an  extract  from  the 
first  Affidavit  of  Mr.  Fairbank  praying  a continuance  of 
his  case  ; which  of  course  was  not  read  on  my  motion  for 
a new  trial. 

FIRST  AFFIDAVIT  OF  CALVIN'  FAIRBANK. 

I can  prove  as  I verily  believe  by  the  Tavern  Keeper 
at  Millersburg,  Ky.  whose  name  I think  is  Halloway,  that 
I got  out  of  the  hack  at  Millersburg,  and  said  Tavern 
Keeper  stepped  up  to  the  carriage  and  spoke  to  the  persons 
within  and  asked  them  if  they  would  not  get  out,  and  en- 
tered into  a short  conversation  with  them,  and  1 have 
reason  to  believe  he  will  state  them  all  lobe  white  persona 
as  I verily  believe  he  saw  them,  and  I verily  believe  he 
opened  the  doors  of  the  hack  ; I verily  believe  that  tho 
ferryman  at  Mavsville  will  also  prove  that  all  the  persona 
in  the  hack  were  w'hite.  I also  state  that  my  confine- 
ment in  the  jail  has  been  hard  in  the  extreme,  and  that 
many’persons  were  permitted  promiscuously  to  visit  me, 
and  to  question  and  torment  me,  and  those  conversations 
will  be,"  1 fear  used  against  me,  many  of  which  I have  no 
doubt  will  be  misrepresented,  and  especially  in  relation  to 
a letter  found  on  my  person  at  the  time  of  my  arrest. 
Many  of  said  conversations  were  also  had  witli  me  by' 
threats  of  beating  or  mistreating  me  in  some  way,  and 
some  of  said  persons  threatened  my  life  unless  I told  all 
I knew  ; and  to  appease  those  persons  I have  indulged  in 
various  suppositions  in  relation  to  the  manner  in  which  the 
slaves  made  their  escape  and  I am  informed  that  they 
have  construed  such  suppositions  so  as  to  say  I admitted 
the  negroes  went  in  the  hack  with  me,  which  is  not  the 
fact.  I also  state  that  I have  been  for  the  4most  of  the 


r 


70 


TRIAL  OP  MI3S  WBBST£H. 


time  of  my  confinement  without  friends  or  council  to  ad- 
vise with  me  and  aid  me  to  get  ready  for  trial.  But  1 am 
now  able  to  state  to  the  Court,  that  I have  now  counsel 
(by  the  assistance  of  the  Court)  in  whom  I can  confide 
with  perfect  confidence,  and  to  one  of  them  I have  com- 
municated  all  the  facts  in  relation  to  my  case,  as  well  as 
the  facts  against  me  as  far  as  I know,  also  those  in  my 
favor,  and  he  answers  me  that  I cannot  go  to  trial  safely 
at  this  time,  and  I am  truly  sorry  for  it.  For  I would 
infinitely  rather  go  to  the  Penitentiary  and  work,  than  to 
remain  in  confinement,  as  I am,  and  have  been.  I was 
not  permitted  to  write  to  any  person  without  inspection  of 
the  jailor  and  this  has  operated  against  me.  For  I did  not 
wish  the  jailor  or  any  one  else,  save  my  counsel,  to  know 
my  witnesses  and  the  facts  they  could  prove,  for  fear  some- 
thing might  be  done  to  keep  them  away.  I was  informed 
that  one  friend  came  to  assist  me  and  he  had  to  step  off 
with  quick  speed,  and  I have  not  heard  of  him  since,  and 
fear  never  will,  as  I understand  his  life  was  threatened. 
My  information  on  this  subject  may  be  false.  I hope  it  is. 
I wish  a fair  trial  and  nothing  more. 

I ask  the  continuance  also  on  the  ground  to  explain  the 
letter  found  upon  my  person, for  if  a jury  can  convict  Miss 
Delia  A.  Webster  on  that  letter,  who  I know  to  be  innocent 
of  the  charge,  what  would  they  do  with  me,  and  I verily 
believe  I can  find  some  one  who  can  give  some  explanation 
in  relation  to  the  same,  if  time  is  given. 

Sworn  to  by  Calvin  Fairbaxk. 

Attest,  THOS  S.  REDD,  Clerk. 

I here  insert  a few  remarks  which  should  have  come  in 
immediately  after  the  remonstrance,  but  which  were  omit- 
ted through  mistake  : 


TRIAL  OF  MISS  WEBSTER. 


71 


Inasmuch  as  there  was  no  legal  evidence  against  me, 
and  as  I had  plready  suffered  some  months  close  confine- 
ment in  jail,  besides  being  obliged  to  submit  to  the  abom- 
inable mistakes  of  witnesses  ; such  as  Keizer,  that  I knew 
no  one  at  the  Asylum, — Mrs.  Glass,  that  I requested  her 
to  let  Fairbank  board  with  her, — appeared  to  have  private 
chats,  &c.,  and  Mr.  Franklin,  who  stated  that  he  heard 
me  say  to  Mr.  Cunningham  that  three  persons  got  into 
tire  hack,  all  of  which  testimony  is  utterly  false,  and  the 
latter  of  which,  my  readers  doubtless  saw, was  disproved  by 
Mr.  Cunningham  himself.  I say  with  all  these  things  un- 
der consideration,  together  with  some  smaller  mistakes  of 
witnesses,  it  seemed  hard  indeed,  that  rny  short  letter  to 
Gov.  Owsley,  in  which,  I only  asked  for  justice,  not  for 
eroj,  should  call  forth  such  strong  remoDsrance  from 
one  hundred  and  twenty  citizens,  most  of  whom  were 
highly  respectable,  I had  almost  said  Kentucky’s  noblest 
characters.  Indeed  it  was  admitted  by  friends  and  foes, 
that  my  case  was  tried  more  severely  than  had  I been 
guilty  of  cold-blooded  murder.  I think  there  are  none  so 
lost  to  humanity,  who  will  not  on  a moments  reflection 
admit  that  this  feature  of  Kentucky  law,  is  truly  exorbi. 
tant.  Indeed  Kentuckians  themselves  think  so.  For 
murderers,  against  whom  there  exists  the  most  positive 
proof, — thieves  of  the  deepest  die, — and  the  veriest  cul. 
prits  upon  earth,  have  at  all  times  been  permitted  to  ask 
the  extension  of  this  law,  and  in  no  instance  did  I ever 
hear  of  a remonstrance  against  mercy.  This  fact  tends 
to  show  that  Kentuckians  are  not  void  of  feeling  except 
when  under  the  influence  of  prejudice  and  powerful  excite- 
ment. Then,  as  it  is  too  often  the  case  with  others,  act 
from  the  impulse  of  the  moment. 

I felt  wounded  at  this  uncommon  procedure,  but  did  not 


STilAL  OF  MISS  WEBSTER. 

dispond  ; for  f knew  that  I should  never  be  satisfied  unless 
I established  my  innocence.  And  this  could  more  easily 
be  done  to  the  satisfaction  of  (he  people,  in  being  acquit- 
ted by  a jury  on  a new  trial  than  in  any  other  wav.  It 
will  be  recollected  that  this  motion  was  contemplafed  im- 
mediately after  verdict  was  rendered.  I now  understood 
for  the  first  time  what  the  Commonwealth  wished  to  prove 
against  mej  and  I knew  to  an  infallible  certainty  that  if 
my  motion  w as  heard,  I could  prove  my  innocence.  My 
Counsel  lost  no  time  in  procuring  the  foregoing  affidavits, 
and  not  a doubt  was  entertained  by  any  of  them  but  a new 
trial  would  most  unhesitatingly  be  granted.  They  said  the 
reasoning  and  arguments  urged  in  my  own  affidavits  were 
strong  and  conclusive,  and  could  not  fail  to  secure  mo 
another  trial  together  with  the  corresponding  affidavits  of 
others. 

Three  o’clock,  P.  M.  Jan.  4,  1S45,  was  the  hour  ap. 
pointed  to  make  this  important  motion,  on  which  so  much 
was  pending.  I looked  forward  with  lively  interest  and  a 
pleasant  anticipation  to  this  evenlful  hour,  and  at  n:ne  o’- 
clock, A.  M.  despatched  a leller  to  my  mother,  inform- 
ing her  of  my  happy  frame  of  mind  under  (he  brightning 
prospects.  Mr.  Shy  also  wro^e  to  my  mother,  and  Gen. 
Combs  despatched  a letter  to  Hon.  Sam’l  Phelps  in  Wash- 
ington, informing  him  of  the  encouragement  we  all  felt  in 
the  prospect  of  a new  trial,  &c.  When  the  time  arrived, 

I hastened  will)  a light  heart  to  the  Court  house,  believing 
it  would  be  the  happiest  hour  I had  experienced  for  months. 
Nor  have  I a doubt  but  the  Judge  intended  granting  my 
request,  until  an  awful  threat  grated  on  his  own  ear.  Some 
of  my  enemies  boldly  declared  they  would  mob  and  lynch 
the  Judge  himself,  if  he  suffered  me  to  have  another  trial ; 
and  at  the  very  moment,  when  I was  looking  for  the  real- 
ization of  my  hopes,  I was  ordered  to  rise  and  receive  mv 


TRIAL  OF  MISS  WEBSTER. 


73 


sentence  which  was  two  years  confinement  at  hard  labor 
in  the  Penitentiary  of  Kentucky. 

My  Counsel,  shocked  and  disappointed  at  the  refusal 
from  the  Court  for  a new  trial,  and  unwilling  to  abandon 
my  case,  determined  to  procure  from  the  Governor  a res- 
pite of  this  sentence  in  order  to  secure  a trial  on  the  re- 
maining Indictments,  which  the  Commonwealth  refused 
to  dismiss.  To  prove  myself  innocent  of  the  charges  in 
those  Indictments,  my  Counsel  knew  to  be  an  easy  matter, 
which  were  precisely  of  the  same  character  as  that  on 
which  I had  been  convicted  ; and  immediately  wrote  to 
Gov.  Owsly,  with  full  confidence  that  I would  establish 
my  innocence,  and  escape  the  Penitentiary. 

The  letter  asking  a respit  of  the  sentence,  had  been  ta- 
ken to  Frankfort  by  a messenger  despatched  for  that  pur- 
pose; but  word  came  up  that  the  Governor  had  not  seen 
them,  and  that  they  were  expecting  me  down  on  Thurs- 
day. This  was  the  day  Mr.  Sloan  had  appointed  to  go 
down  with  me  ; but  my  Counsel,  thinking  it  important  to 
see  the  Governor  and  make  some  arrangments  in  refer- 
ence to  a respite  before  I went  down,  inquired  of  Mr.  Sloan, 
if  he  must  necessarily  go  on  Thursday  ; and  learning  that 
two  or  three  days  would  make  no  particular  difference  with 
his  arrangments,  Mr.  Shy  took  the  cars  that  left  before 
light,  on  Friday,  not  expecting  me  until  the  next  day, 
when  he  felt  confident  that  a respite  would  be  granted 
agreeably  to  my  wishes;  and  thus  I would  be  prevented 
entering  the  Penitentiary,  and  secure  a trial  on  the  other 
indictments  while  the  evidence  was  on  hand,  so  important 
to  my  case. 

I leave  the  reader  to  judge  my  disappointment,  when  I 
was  informed  by  Mr.  Sloan,  that  I was  to  go  down  in  the 

2 o’clock  train,  on  Friday.  Still  I had  a hope  that  a res- 
G 


74 


TRIAL  OF  MISS  WEBSTER. 


pite  would  be  in  readiness,  and  that  some  friend  would  be 
looking  for  my  arrival. 

At  Midway,  I met  Gen.  Combs,  on  his  return  from 
Frankfort,  who  was  much  surprised  to  see  me,  and  said 
they  had  received  word  in  Frankfort,  that  I was  net  com- 
ing down  until  Saturday.  Still  I hoped  for  the  best,  I 
could  not  think  I was  about  to  enter  that  living  tomb  ; 
where,  in  addition  to  all  other  grievances,  I should  be  in 
the  care  of  such  a hostile  keeper  as  Capt.  Newton  Craiir, 
had  been  represented  to  be. 

I learned  also  that  Mrs.  Craig  was  own  cousin  to  Mr. 
Megovvan,  the  jailor  in  Lexington  ; and  Capt.  Craig,  was 
cousin  to  my  most  vigilant  enemy,  Parker  Craig,  who  had 
done  me  so  much  injury  through  Fayette  County. 

Nor  was  this  all, — Capt.  Craig’s  w’ife  is  own  sister  to 
this  same  Parker  Craig;  and  to  say  nothing  of  the  Cap- 
tain’s feelings  toward  Abolitionists  in  general,  and  the 
thousands  of  dollars  he  has  expended  in  consequence  of 
their  invasions,  he  was  an  openly  avowed  enemy  of  “ Ne- 
gro stealing”  as  Kentuckians  call  it,  and  indulged  the 
most  inveterate  haired  towards  all  guilty  of  such  offences; 
and  this  was  the  very  crime  with  which  I was  charged  ; 
and  I had  every  reason  to  believe  his  mind  was  poisoned 
with  the  numerous  calumnies  that  by  this  time  filled  all 
Kentucky.  Of  course,  it  is  not  surprising  that  1 clung  td 
the  hope  of  deliverance  to  the  last  moment.  And  when 
that  hope  was  torn  from  my  grasp,  who  can  paint  the  aw- 
ful forebodings  that  shrouded  my  mind  ? It  was  tw’ilight 
when  the  cars  reached  Frankfort.  They  stopped  within 
a few  rods  of  the  Penitentiary,  and'as  I was  passing  along 
the  sidewalk,  expecting  every  moment  to  meet  Mr.  Shy, 
who  should  appear  but  Capt.  Craig,  himself,  the  very  man 
of  all  the  world  I most  dreaded  to  see.  My  Counsel  had 


TRIAL  OF  MISS  WEBSTER. 


75 


assured  me  that  he  was  a man  of  good  principles  and  very 
much  of  a gentleman,  but  I had  heard  so  many  conflicting 
statements  in  Fayette  County,  that  my  mind  was  consid- 
erably  biassed  against  him.  Mr.  Sloan  gave  me  an  intro, 
duction ; and  I scrutinized  his  every  feature  as  closely,  as 
the  lingering  rays  of  twilight  would  permit.  I could  see 
nothing  in  him  to  condemn  or  approve.  I entertained  no 
sentiments  of  abhorrence  or  animosity  toward  him,  but  still 
I felt  an  aversion  not  easily  overcome.  I entered  the 
walls  of  the  Penitentiary  at  5 o’clock,  P.  M.  Jan.  10,  1845. 
Any  effort  to  portray  my  feelings  on  that  memorable  night 
would  be  in  vain.  Words  lose  their  power  when  we  task 
them  to  attempt  an  expression  so  inadequate  to  their 
strength. 

No  language  can  falhom  the  fount  of  that  grief; 

When  tears  flow  in  billows,  yet  bring  no  relief. 

Several  gentlemen  of  respectability  escorted  me  to  a 
house  within  the  yard,  which  1 afterwards  learned  was 
built  expressly  for  my  comfort.  Here,  after  some  prelim- 
inary remarks  appropriate  to  the  occasion,  Mr.  Craig  said 
he  was  about  to  read  to  me  the  “Prison  Rules,”  and  if  I 
thought  them  too  strict  in  any  particular,  he  would  listen 
to  any  suggestion  I was  pleased  to  make.  He  then  read 
the  Rules,  together  with  his  oath,  aud  the  Laws  of  Ken- 
tucky, in  relation  to  the  prisoner ; after  which,  he  asked 
me  with  an  impressive  look,  to  judge  of  his  feelings,  with 
myself  and  those  laws  on  the  one  hand,  and  himself,  bound 
by  a solemn  oath  to  execute  those  laws  on  the  other.  I 
told  him  that  I saw  nothing  in  the  Rules , in  the  least  de- 
gree unreasonable,  and  had  no  desire  to  be  treated  with 
partiality;  nordid  I wish  him  to  extend  to  me  anymore 
clemency  than  (he  laws  of  his  country,  his  oath,  and  the 
strict  discharge  of  his  duty  would  justify. 


73 


TEIAL  OF  HISS  "WEBSTER. 


He  then  said  sooner  should  his  blooi  be  spilt,  than  I 
should  receive  any  abuse  or  unkind  treatment  while  in  his 
care;  and  sooner  should  mine  be  spilt,  than  those  laws 
trampled  upon.  And  if  my  Father  should  enter  my  house 
in  the  morning  I was  neither  to  speak  to  him,  or  pity  any 
more  attention  to  him  than  as  though  he  were  a stone, 
without  permission  from  an  officer ; nor  was  I to  speak 
to  tny  Counsel,  or  any  one  else,  without  special  permis- 
sion. He  closed  with  a short  but  very  able  and  touching 
■ress,  during  which  1713’  prejudice  vanished,  and  I cam« 
:>  (he  conclusion  that  if  he  were  not  a Christian,  he  cer- 
ainly  appeared  very  much  like  one.  The  company  now 
retired,  soon  after  which  he  left  me,  saying  I had  nothing 
to  fear,  assuring  me  of  his  protection.  All  this  passed,  and 
my  Counsel  had  not  been  apprized  of  my  arrival.  I was 
now  alone  in  the  Penitentiar\r,  and  happy  in  the  thought 
that  rny  new  keeper  had  a heart.  He  had  said  before  he 
left,  that  he  did  not  allow  his  mind  to  be  prejudiced 
against  the  prisoners,  but  I could  not  but  see,  though  he 
might  be  unconscious  of  the  fact,  it  was  strongly  biassed 
against  me.  Nor  is  it  surprising,  in  a community  where 
the  atmosphere  was  contaminated  with  the  most  venomous 
detraction,  that  he  should  inhale  its  odor. 

Next  morning  Mr.  Shy  called,  and  during  the  conversa- 
tion I remarked  to  him,  that  I had  no  doubt  Mr.  Craig  was 
a very  good  man,  but  he  had  heard  so  much  scandal  against 
me  and  such  was  the  strength  of  his  prejudice,  that  any 
effort  on  my  part  to  conciliate  his  feelings  would  be  worse 
than  useless.  Mr.  Shy  responded, that  Mr. Craig  would  have 
an  opinion  of  his  own  in  reference  to  m\r  case,  and  though 
his  friends  and  all  Kentucky  might  be  against  me,  yet  he 
was  a man  too  independent  in  his  principles  to  base  his 
opinions  on  the  prejudices  of  others,  or  on  flying  rumors. 


TRIAL  OF  MISS  WEBSTER. 


77 


And  whatever  might  be  the  present  state  of  his  feelings 
towards  me,  he  was  sure  to  be  my  friend,  after  he  had  be- 
come acquainted  with  my  case,  and  examined  the  facts  for 
himself. 

During  the  day  (Saturday)  several  Ministers  of  the  Gos- 
pel called  on  me — manifested  much  interest  and  sympathy 
in  my  welfare,  and  continued  to  call  frequently  during  my 
stay  in  the  Penitentiary;  thus  exhibiting  by  their  conduct 
that  they  were  not  unmindful  of  the  injunction  to  “remem- 
ber those  in  bonds,”  comfort  the  afflicted,  visit  the  prisoner, 
&c.  It  would  afford  me  pleasure  to  give  the  names  of 
some  of  these  Clergymen,  but  I cannot  now  recall  them. 
One  however  occurs  to  my  mind,  which  I cannot  forbear 
to  mention,  the  Rev.  Mr.  Bullock,  Presbyterian,  living  in 
Frankfort.  He  called  frequently  during  my  incarceration, 
and  to  him  I am  greatly  indebted  for  the  consolations  of 
many  an  hour. 

Never  can  1 cease  to  be  grateful  for  his  kind  attentions, 
nor  forget  the  satisfaction  it  afforded  me  to  find  him  not 
“ ashamed  of  my  bonds, ::  and  to  see  him  with  some  few 
others,  stand  unmoved  in  the  midst  of  the  violence  of  that 
commotion,  which  all  Fayette  County  was  promoting  by 
the  vilest  scandal,  and  breathing  out  the  bitterest  impre- 
cations  against  one  who  had  done  nothing  to  merit  their 
displeasure.  O,  how  sweet  in  the  hour  of  adversity  to  be 
remembered  by  the  precious  few,  who  are  indeed  God’s 
children.  As  such  I regard  Mr.  Bullock.  His  face  is  so 
full  of  Heaven — his  every  word  breaths  such  a sweet  and 
Christian  spirit — while  his  whole  deportment  so  admira- 
bly recommends  the  religion  of  Jesus,  that  it  seems  to  me, 
that  heart  must  be  hard  indeed,  that  is  not  inspired  with  a 
devotional  feeling  in  his  presence. 

As  my  readers  are  doubtless  impatient  to  hear  what  other 

G* 


78 


TRIAL  OF  MISS  WEBSTER. 


comforts  I enjoyed,  and  how  the  time  passed  with  me  in 
in  the  Penitentiary, I will  no  longer  keep  them  in  suspence. 

Though  all  the  other  prisoners,  (about  one  hundred  and 
fifty  in  number,)  were  lodged  in  dark  cells,  I was  permitted 
to  be  sole  tenant  of  a small  frame  house,  with  plain  board- 
ing, erected  especially  for  my  convenience.  This  house 
contained  only  one  room,  but  was  well  furnished,  aud  suf- 
ficiently  large  and  commodious  to  answer  the  purposes  of 
workshop,  study,  lodging,  dining-room  and  parlor.  It  was 
well  lighted  with  five  windows,  and  not  only  comfortable, 
but  very  pleasant.  I was  not  locked  in  here,  as  I had 
been  for  the  last  three  or  four  months  in  the  Lexington 
jail,  but  was  privileged  with  free  egress  and  ingress,  at  any 
time  during  the  day,  and  could  thus  enjoy  the  open  air  at 
my  pleasure.  My  windows  were  not  grated  with  huge  bars, 
the  very  sight  of  which  was  forbidding  to  my  nature,  nor 
was  I debarred  from  raising  them  to  ventillate  my  room, 
or  to  inhale  the  iuvigorating  breeze  of  a delightful  morning. 
Thus  it  will  he  seen  I was  treated  more  as  a rational  being 
than  as  a maniac. 

Scarcely  a day  passed,  but  ladies  and  gentlemen  of  the 
first  class  visited  me,  and  many  of  these  interviews,  con- 
tributed very  much  to  my  enjoyment.  The  Legislature 
was  then  in  session,  and  most,  if  not  all  the  members  of 
both  houses  called  on  me,  and  I am  happy  to  say,  expressed 
to  me  their  warmest  sympathies. 

Instead  of  being  required  to  put  on  the  prison  garb,  I 
wore  my  usual  apparel.  Nor  was  I required  to  perform  any 
kind  of  labor  ; but  some  light  sewing  was  brought  in  for 
mv  own  amusement.  I was  also  furnished  with  a fine  ^ 
library  to  which  I had  free  access.  Indeed,  I had  many 
comforts,  and  most  of  all,  a faithful,  sympathizing,  and 


TRIAL  OF  MISS  WEBSTER. 


79 


Christian  keeper ; and  I must  be  as  insensible  as  a stone, 
when  I cease  to  appreciate  his  kindness. 

To  Mrs.  Craig,  the  lady  of  the  principal  keeper,  I be- 
came most  ardently  attached.  She  often  visited  me  in 
my  room,  and  sometimes  invited  me  to  walk  out  with  her, 
thus  doing  all  in  her  power  to  promote  my  happiness.  She 
took  care  that  my  food  was  of  the  best  and  most  delicious 
quality,  and  prepared  with  neatness  and  elegance  ; and  I 
I felt  that  I was  not  only  in  “a  land  flowing  with  milk  and 
honey,”  but  that  I was  fed  from  one  of  its  most  exuberant 
tables.  Mrs.  Craig  is  a lady  of  strong  and  well  balanced 
mind  and  appeared  perfectly  regardless  of  the  flying  rumors 
assailing  my  moral  standing. 

She,  doubtless,  in  investigating  the  grounds  of  suspicion, 
saw  through  the  policy  of  my  enemies,  inasmuch  as  they 
had  failed  to  prove  me  guilty  of  freeing  the  slaves  in  ques- 
tion, to  overthrow  my  moral  character,  in  order  to  sustain 
their  own  reputation.  Never  shall  I forget  her  repealed 
acts  of  kindness,  when,  in  every  thing  she  did  in  my  behalf, 
she  exposed  herself  to  censure. 

This  little  work  will  not  admit  of  enlarging  on  this  theme, 
nor  giving  that  credit  to  my  friends  which  strict  justice 
demands,  though  it  would  afford  me  pleasure  to  dwell  upon 
their  merits.  Suffice  it  to  say,  I was  treated  more  like  a 
daughter,  than  a prisoner  ; and  though  those  magnanimous 
spirits  in  whose  care  I was  placed,  were  thereby  exposed 
to  the  censure  of  ignorant  and  narrow  minds,  it  is  gratify- 
ing to  remember  they  were  upheld  and  justified  by  the 
Governor,  Lieutenant  Governor  and  state  Legislature. 

I now  come  to  speak  of  my  pardon.  I had  been  in  the 
Penitentiary  but  a few  days  before  it  was  proposed  to  me 
to  accept  a pardon,  on  conditions  that  I would  immediately 
leave  Kentucky,  and  never  again  return.  I could  not  coa* 


80 


TRIAL  OF  MISS  WEBSTER. 


sent  to  those  conditions,  and  expressed  a decided  preference 
to  remain  in  the  Penitentiary  until  the  prejudice  should 
subside.  My  friends  urged  me  to  accept  a pardon  on  al- 
most any  conditions,  thinking  a release,  (if  not  on  terms 
exactly  pleasing  to  me,)  preferable  to  farther  imprisonment. 
This  point  was  pressed  several  days.  I then  told  them,  I 
was  not  only  willing , but  anxious  to  return  home  ; but  I 
could  not  consent  to  leave,  so  long  as  there  were  other  in- 
dictments pending  against  me.  I preferred  a trial  on  the 
other  indictments,  after  which  I would  gladly  leave  the 
State  ; but  I could  not  think  of  pledging  myself  never  to 
return.  It  was  then  proposed  to  have  the  other  indictments 
dismissed.  Still,  I could  not  endure  the  idea  of  promismg 
I never  would,  under  any  circumstances,  return  to  Ken- 
tucky. The  Governor  asked  me,  which  I would  rather  do, 
say  I would  leave  the  Stale  never  to  return,  and  have  the 
sentence  remitted  by  a pardon , or  stay  and  serve  out  my 
two  years  ? I replied,  that  if  I were  to  yield  the  point  in 
question,  and  make  the  pledge,  which  the  people  required, 
it  would  be  done  contrary  to  my  wishes  ; for  I could  never 
do  it  voluntarily.  All  my  feelings  revolted  at  such  a com- 
promise, and  inasmuch  as  I could  not  act  in  it  heartily, 
rather  than  submit  to  conditions  that  could  be  construed 
unfavorably  to  my  sincerity,  I would  stay  and  serve  out 
my  sentence.  I further  said  to  his  Excellency  that  I did 
not  like  the  idea  of  banishment.  I was  morally  and  legally 
a free  citizen  of  the  United  States  ; and  could  see  no  reason, 
justice,  or  propriety,  in  my  being  deprived  of  visiting  any 
portion  of  the  Union,  or  going,  or  living  where  I pleased- 
I might  never  desire  to  return  to  Kentucky,  and  probably 
never  should;  but  if  I wished  to  return  and  resume  my  school, 
or  visit  a friend,  Iwould  not  be  debarred  the  privilege.  That 
I thought  it  not  honorable  in  Kentucky  to  offer  me  a condU 


TUIAXj  OF  3IXS9  WEBSTER. 


81 


tional  pardon,  and  I was  exceedingly  averse  to  anything 
lhat  bore  any  semblance  to  exile,  &c.  The  Governor  re- 
sponded,  that  all  his  sympathies  were  enlisted  in  my  behalf, 
and  so  far  as  concerned  his  own  feelings,  he  had  no  wish 
to  exile  me,  or  require  any  pledge  or  condition,  but  he  was 
assured  if  he  were  to  pardon  me  without  any  compromise 
on  mv  part,  (he  people  would  not  be  satisfied.  Me  admit- 
ted the  requirement  to  bo  hard,  but  said  he  must  act  for  the 
people. 

During  this  time,  every  efiort  was  bsing  made  for  my 
release.  Doth  houses  cf  the  Legislature  were  uniting  their 
influence  with  that  of  my  Father, Counsel  and  Friends,  and 
had  nearly  succeeded  on  Saturday,  25th  January,  when 
some,  overjoyed  at  the  brighdning  prospect,  told  in  town 
that  my  pardon  was  about  being  signed,  and  would  be  sent 
to  me  at  sunset.  From  this  it  was  instantly  rumored  lhat 
I was  already  released,  which  greatly  incensed  that  portion 
of  the  populace  who  were  my  enemies  ; and  I sent  to  tho 
Governor,  saying,  I was  not  so  selfish  as  to  wish  a pardon, 
if  he,  in  granting  one,  would  expose  himself  to  censure,  or 
endanger  the  interests  of  the  State.  His  Excellency,  being 
a man  of  consideration,  thought  it  best  to  let  the  excitement 
subside  a little,  and  concluded  to  defer  bringing  the  matter 
to  an  issue,  until  the  following  Monday.  Meanwhile,  re- 
port went  up  to  Lexington  that  my  pardon  was  effected  ; 
and  early  on  Monday  morning  there  came  down  a volley 
of  almost  unequalled  abuse  upon  his  Excellency  for  pre- 
suming to  interfere  ; on  which,  I was  informed  his  friends 
hastened  to  him,  and  advised  a postponement,  thinking 
that  Ins  own  safety  required  farther  deliberation  before 
taking  a step  on  which  seemed  pending  consequences  of 
vast  importance.  He  listened  to  their  counsel,  and  it  once 
more  became  my  duty  meekly  to  submit  to  the  continuance 


82 


TRIAL  OF  MISS  WEBSTER. 


of  my  bondage.  This  disappointment  was  painful  to  my 
friends,  and  exceedingly  trying  to  myself ; but  I have  never 
been  disposed  to  cast  any  reflections  upon  the  Governor  ; 
and  though  some  of  my  friends  at  the  South,  as  well  as  in 
the  Free  States,  felt  inclined  to  censure  his  want  of  human- 
it)’,  I think  they  would  have  entertained  different  views, 
had  they  realized  the  high  tone  of  excitement,  which  at 
that  time  pervaded  the  community. 

H is  Excellency  called  on  me  several  times,  and  continued 
to  manifest  a friendly  feeling  during  my  incarceration  ; and 
on  Monday  morning,  24th  February,  sent  me  a Free  and 
Full  Pardon  ; I having  been  in  confinement,  from  the  time 
of  my  arrest  on  the  30th  September,  (about  five  months.) 
and  in  the  Penitentiary  six  weeks. 

I left  Frankfort  on  the  25th  February,  and  after  a pleas- 
ant journey  of  fourteen  hundred  and  forty  miles,  accom- 
nied  by  my  Father,  arrived  safely  inVergennes,  my  native 
town,  March  14,  1845. 

t Once  more  I must  allude  to  the  kindness  of  my  Ken- 
tucky friends,  to  whose  influence  1 am  deeply  indebted 
for  my  early  release.  I cherish  a high  respect  for  the 
Commonwealth  of  Kentucky,  and  do  not  consider  the 
State  to  blame  for  my  persecutions,  which  were  only  the 
result  of  the  malice  of  a few  individuals, — such  as  Mr. 
Thomas  B.  Megowan,  who  on  one  occasion  sternly  de- 
manded a private  letter  which  I received  w'hile  in  his 
care,  from  a friend  in  Lexington,  and  which  I was  unwil- 
ling he  should  see.  But  when  he  solemnly  pledged  me 
his  word  and  honor  that  he  would  not  take  it  from  mv 
room,  but  would  return  it  to  me  immediately,  and  never 
speak  of  its  contents,  I submitted  it  to  his  perusal.  Suffice 
it  to  say,  he  took  said  letter  from  my  room— circulated  its 
contents — and  I have  never  seen  it  since. 


TRIAL  OF  MISS  WEBSTER. 


83 


Inasmuch  as  some  have  assailed  my  moral  character 
since  they  failed  to  prove  me  guilty  of  the  charges  upon 
which  I was  tried  I here  introduce  the  certificate  of  my 
Pastor,  Rev.  Harvey  F.  Leavitt. 

Vergennes,  Vt.  April  10, 1S45- 

This  certifies,  that  Miss  Delia  Ann  Webster,  as  appears  from  the  records  of 
the  Congregational  Church  in  this  City,  united  with  the  same  on  the  4th  day 
of  September,  1631,  and  has  ever  since  continued  in  good  and  regular  stand- 
ing in  the  same.  That,  since  the  summer  of  the  year  1S36,  I have  been  the 
Pastor  of  said  Church. and  have  personally  known  Miss  Webster, and  have  uni' 
lornily  esteemed  her  as  a young  lady  of  correct,  moral  and  religious  principle  ; 
and  unexceptionable,  and  consistent  Christian  deportment.  That  sometime  in 
the  fail  ofthe  year  1841  she  left  for  the  West,  forlhe  twofold  purpose,  as  I am 
informed,  of  improving  her  health  and  education.  That  as  she  did  not  content' 
plate  a long  absence,  she  did  not  take  a letter.  H.  F.  LEAVITT, 

Pastor  of  the  Congregational  Church  in  Vergennes,  iic. 

THOUGHTS  ON  SLAVERY. 

The  reader  will  expect,  before  I conclude  this  work, 
that  I should  give  my  views  of  the  character  of  American 
Slavery.  My  sentiments  upon  lhis  subject  may  be  pretty 
clearly  gathered  from  what  has  been  expressed  incident 
tally  already,  hut  since  so  much  has  been  said  in  relation 
to  a change  in  my  views,  it  will  be  expected  that  I should 
be  more  distinct  and  full  in  my  declarations*  I have  nev- 
er yet  read  any  publication  issued  by  the  Abolitionists. 
What  I shall  say  therefore,  will  be  the  result  of  conviction 
from  youth,  and  personal  observation. 

From  my  earliest  knowledge  of  the  existence  and  na- 
ture of  American  slavery,  I have  had  an  utter  abhorence 
of  it,  as  a system  of  uncorn  pounded  wickedness,  alike  op- 
posed to  Christianity,  and  the  principles  of  a Republican 
government.  Indeed  I think  it  as  bad  as  the  Devil  and 
wicked  men  can  make  it. 

These  seniiments  I have  never  disguised  either  in  Ken- 
tucky or  elsewhere.  It  is  true  I denied  being  an  Aboli- 
tionist in  the  sense  of  Kentucky  construction,  and  I siill 
deny  it ; for  I am,  and  ever  have  been , as  bitterly  opposed 
to  what  is  termed  “ JS’egro  Steal.  .3  as  Kentuckians 
themselves. 

I believe  the  zeal  of  those  who  would  seduce  the  slave  from 
his  master,  is  altogether  misdirected.  For  though  the  con- 
dition  of  individual  slaves  may  thus  be  greatly  improved, 


TRIAL  OF  MISS  WEBSTER. 


94 


\ 


the  chains  of  thraldom  are  riveted  tighter  than  before  on 
the  remaining  thousands,  who  must  still  drink  the  bitter 
waters  of  slavery.  Nor  do  I approve  of  any  thing  which 
has  a tendency  to  sow  discord  or  to  create  feelings  of  ani- 
mosity  between  the  North  and  South.  1 am  decidedly 
opposed  to  a dissolution  of  the  Union.  For  1 consider  the 
Aorth  as  deeply  implicated  in  the  guilt  of  slavery  as  the 
South,  and  Jot  more  inexcusab/e. 

I would  not  be  understood  that  my  abhorrence  of  this 
institution  arises  merely  from  the  fact  of  injustice  to  the 
slave.  It  is  injustice  to  ourselves.  It  is  a canker  worm, 
gnawing  at  the  vitals  of  our  best  interests,  and  eating  out 
the  fat  of  the  land,  and  making  our  country  poorer  and 
leaner  every  day. 

Though  my  understanding  cannot  sanction  any  inter- 
ference with  the  claims  of  the  South  or  any  violation  of  the 
rights  which  the  constitution  secures  to  the  Slave  holder, 
mv  sympathies  must  ever  congratulate  the  slave  w ho  makes 
his  own  voluntary  and  harmless  escape.  I believe  the 
diffusion  of  light,  with  the  active  exercise  of  a Christian 
spirit,  would  produce  such  a revolution  in  public  sentiment, 
that  the  Legislatures  of  the  slave  S ates  would  soon  adopt 
some  plan  to  remedy  this  evil,— and  I must  applaud  any 
just,  safe, and  politic  measures  to  banish  this  curse  from  our 
land.  But  above  all  things  1 would  have  it  done  legally' 
and  with  a sacred  regard  to  the  preservation  of  our  Union 
and  the  Constitution  of  our  beloved  Country. 

I could  enlarge  upon  this  subject  but  have  not  the  space 
to  do  so  in  this  work, and  shall  not  be  expected  lo  go  beyond 
the  simple  expression  of  my  sentiments  at  this  time.  But 
will  merely  add  in  relation  to  slavery'  in  Kentucky,  that 
public  feeling  is  opposed  to  cruelty.  The  slaves  are  gen' 
erally  faithful  and  much  attached  to  their  owners  who  treat 
them  with  as  much  liberality  as  servitude  will  bear.  True, 
I have  witnessed  some  of  the  most  heart  rending  punish- 
ments,  but  consider  them  only  isolated  instances  of  abuse. 

far  as  I was  able  lo  learn,  they  generally  appeared  to  be 
well  fed  — w’ell  clothed  and  cheerful  as  could  be  expected. 

I am  Dot  conscious  of  any  change  having  been  produced 
in  my  mind  during  my  residence  in  the  slave  states,  ex- 
cept that  I acquired  more  sympathy  for  the  slave,  and  more 
for  his  master. 


Date  Due 


Form  335— 40M— 6-39— S 

976.9  Z99B  1840-59  v.S 

nos. 1-11  359704 


